Statement of Proposed Mental-Process Patent Regulations
Daniel J. Bernstein
July 5, 1991

I support the adoption of the following definitions and resolutions
into statute or regulation.

        A mental process per se is not statutory subject matter for a
        patent. The term ``mental process'' includes, but is not limited
        to, any process which may be carried out within a person's mind.
        The term ``mental process'' includes, but is not limited to, any
        method by which a set of numbers or symbols is computed from a
        different set of numbers or symbols. The term ``mental process''
        includes, but is not limited to, a mathematical algorithm. The
        term ``mental process'' includes, but is not limited to, a
        mental process performed with the aid of a computer. The term
        ``mental process'' includes, but is not limited to, any
        combination of mental processes.

        A mental process applied in a non-essential manner to physical
        elements is not statutory subject matter for a patent. A mental
        process limited to a particular technological environment is not
        statutory subject matter for a patent. A mental process combined
        with data-gathering steps which merely determine values for
        variables used in the process is not statutory subject matter
        for a patent. The combination of a mental process with a process
        or product which is not statutory subject matter for a patent
        is not statutory subject matter for a patent. A product defined
        by its result or function, when that result or function is also
        the result or function of a mental process, is not statutory
        subject matter for a patent.

        Use of a mental process per se cannot infringe upon a patent.
        Use of a mental process with the aid of a computer or partially
        or entirely carried out upon a computer cannot infringe upon a
        patent.