From Yann.Dietrich@enst.fr  Thu Oct 12 08:28:10 2000
Date: Thu, 12 Oct 2000 10:28:10 +0200
From: Yann DIETRICH Yann.Dietrich@enst.fr
Subject: [Patents] saoftware as such

For a codage method, we are in this particular case. And if we cannot
protect software, everybody will integrate our algorythm in DSP. To my mind,
the exclusion of software as such is the same as for natural product. It can
be protected as such, because it exists in nature. But the extraction method
or applications of this product can be patented.

Regards,

Yann Dietrich



-----Message d'origine-----
De: antonio abrantes <antonio_abrantes@hotmail.com>
: patents@liberte.aful.org <patents@liberte.aful.org>
Date: mercredi 11 octobre 2000 13:16
Objet: [Patents] saoftware as such


>Jean Smets writes:
>
>>>>Also, the sentence "software as such can not be patented" is an
>invention of the ... The Munich Convention clearly states that (1) software
>can not be patented (2) inventions containing
>software can be patented. Then, EPO and patent attorneys have invented
>this notion of "software as such" in order to explain that certain
>software is not "as such" because it has technical effects and
>circumvent the exception on software.Actually, this notion of "software as
>such" and "software not as such" is completely ridiculous<<
>
>In VICOM case T208/84 the court establish a parallell between digital
>filters and analog filters. Lets suppose a input signal that is filtered
by
>a notch circuit, made of physical components (inductors, capacitors,
etc..),
>such circuit could be subject matter of course. So lets imagine that
>exactly the same filter could be impemented usind digital techniques, using
>a computer program, and a type of recursive filter. this filter gives
>exactly the same effect of the previous circuit. Why such a computer
program
>could not be subject matter ? Its no sense. Clearly the new technologies,
>are using inventions where matter is no more the main factor. In
>telecomunications for instance 50Kg of fiber optics permits the same number
>of communications at same distance, than 1 ton of copper. In
semiconductors,
>the rwa material represents less than 3% of the final price of the
>component. the vehicles each day are becoming more light than in the past,
>so its obvious that we are going to a world where the inventions are
>becoming more virtual.
>
>Antonio Abrantes
>patent examiner
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