Posts Tagged: "mathematics"

The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part II

In Part I of this series we examined the mathematics exception to patentability and the historical underpinnings of its justification. In Part II, we will continue to examine the case history around patenting of mathematic principles.

The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part 1

The mathematics exception for subject matter eligibility is overbroad because it was improperly justified under the premise that mathematics is like a law of nature. This is absurd because mathematics is everywhere, and excepting mathematics means excepting virtually everything. Recent court decisions declare that “[m]athematical calculations and formulas are not patent eligible,” SAP Am., Inc. v. InvestPic, LLC, 898 F.3d 1161 (2018)(“SAP AM.”), based on older decisions, such as Parker v. Flook, 437 U.S. 584 (1978) (“Flook”) and Gottschalk v. Benson, 409 U.S. 63 (1972) (“Benson”).

The USPTO’s Update on Subject Matter Eligibility of October 2019 (“OCT2019 PEG”) states, “The 2019 PEG defines ‘mathematical concepts’ as mathematical relationships, mathematical formulas or equations, and mathematical calculations,” and “where a formula or equation is written in text format that should also be considered as falling within this grouping.” This means that one can have a mathematical concept without even writing any mathematics. The USPTO can assert this illogical and absurd statement because the justification for the underlying mathematical exception itself is also illogical and absurd.

In Support of Inaugurating February 7 as ‘World e Day’

Mathematics is a fascinating subject to some people, but a horror to most. Formulas and rules abound to govern purely abstract relationships that appear alien to ordinary life. Yet, mathematical laws govern our entire world, and the Universe. Physicist Max Tegmark believes that the Universe is itself entirely mathematics, i.e., we are all elaborate formulas in some metaverse. Embedded within the mathematical laws are inscrutable constants, such as pi and e, where e is the so-called base of the natural logarithm. e is roughly 2.718281828…. Although Pi (3.14159…) has an official day, 3-14, or March 14, e has yet to acquire this honor. Last year, I wrote in honor of World Pi Day. This year, I propose making 2-7, or February 7, National or World e Day.