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Duck, Duck, Bilski: Searching for a Law-Progress Equipoise | Author: Eric Golas Salbert

Duck, Duck, Bilski: Searching for a Law-Progress Equipoise | Author: Eric Golas Salbert

Moore’s Law generally asserts that the transistor capacity on a computer processing unit increases exponentially over time. To exemplify, in 1971, Intel’s first microprocessor contained 2,300 transistors and was used in simple electronic pocket calculators and by 2007 Intel was manufacturing microprocessors containing 820,000,000 transistors used in personal computers capable of near-instantaneous worldwide communication over the Internet. When the framers of the Constitution drafted the empowering words, “To promote the Progress of Science and useful Arts,” could they foresee such a blistering pace of innovation? Have courts been able to maintain the balance between progress and limited monopolies? The history supporting modern principles aimed at spurring useful inventions is discussed in Part II of this note. Then, in Parts III and IV, the facts surrounding a business method patent are described and a decision from the United States Court of Appeals for the Federal Circuit confronting fundamental questions pertinent to the successful maintenance of the United States patent system is explained. Next, the impact of that decision is analyzed in Part V. Lastly, the conclusion is set out in Part VI.

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