RE: [Sheflug] Draft Computer Implemented Inventions Directive Me

[(Ted Harding) <Ted.Harding [at] xxxxxxxxxxxxxxxx>]

On 11-Dec-04 Richard Ibbotson wrote:
> Hi
> 
> Of general interest to anyone...
> 
> http://www.ffii.org.uk/swpat/eudir/analysis/november2002.html
> 
> Anyone coming along to the DTI session on Tuesday might like to read 
> the document below.  ...
> 
> http://www.iccwbo.org/home/statements_rules/statements/2004/EU_directive
> _patentability_CII.asp
> 
> The bottom of the page is of interest... 
>   
> 
> " ICC Policy Statement
> [the rest snipped]

One of the questions that I've never seen an authoritative answer
to is the following:

Suppose a mathemtical method (apparently not patantable according
to the ICC Policy statement) is implemented in computer code for
a class of purposes (e.g. singular value decomposition of a matrix
as a library routine in a software package for data analysis, but
there are uncountably many other exmples).

Suppose that in so doing one implements effectively the same code
as incorporated in a patanted computer program (such as discussed
in the ICC Policy Statement). There are, after all, not too many
options for efficient implementation of an algorithm, and good
programmers in say C++ are likely to arrive at very similar
results. I'm explicitly making the condition that this implementation
was arrived at solely using public knowledge (i.e. of the algorithm
and of the C++ language), there was no direct transmission of
information from the patanted implementation to the person doing
the coding, and the programmer wrote the code using his own skills.

Do the publication by the coder, and the use by any users based
solely on the published independently implemented code, constitute
infringement of the patent of the patented cimputer program?

In short -- can one be "done" under Patent Law because one has,
using entirely one's own and publicly available resources,
happened to create a clone of a patented invention?

Best wishes to all,
Ted.


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Date: 11-Dec-04                                       Time: 15:36:49
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