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- From: phm@a2e.de (PILCH Hartmut)
- Subject: [Patents] Dispositionsprogramm decision in French
- Date: 17 Aug 2001 14:05:44 +0200
Under
http://swpat.ffii.org/vreji/papri/bgh-dispo76/
you can now find an often cited landmark decision of the German
Federal Court of 1976 also in French.
This is the first and most often quoted of a series of decisions of
the BGH's 10th Civil Senate, which explain why computer-implementable
rules of organisation and calculation (programs for computers) are not
technical inventions and elaborates a methodology for analysing
whether a patent application pertains to a technical invention or an
algorithm.
The Dispositionsprogramm verdict is especially famous for its final
passages, in which it explains in general and almost prophetic terms
that patent law is a specialised tool for rewarding innovators in an
overseeable field, namely that of solving problems by immediately
utilising physical causality without mediation by human reasoning.
Any attempt to loosen and thereby effectively remove this borderline
would, even if not explicitely forbidden by law, lead onto an
adventurous path from which any responsible judiciary must shy back.
The text was translated from German to French Odile Benassy. It is
not yet perfect. You may wish to go through the
translator's source text
http://swpat.ffii.org/vreji/papri/bgh-dispo76/indexfr.txt
and send an improved version to Odile (see address on the page).
There are still quite a few important documents for which
translations, not only to French, are needed. You can find most of
them through
http://swpat.ffii.org/stidi/korcu/
Since the swpat.ffii.org website is based on a system for managing
multilingual documents, they are easy to incorporate.
--
Hartmut Pilch http://phm.ffii.org/
Protecting Innovation against Patent Inflation http://swpat.ffii.org/
85000 signatures against software patents http://www.noepatents.org/
- [Patents] Dispositionsprogramm decision in French, PILCH Hartmut
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