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5th EPIP Conference: European Policy on Patents and Intellectual Property:

5th EPIP Conference: European Policy on Patents and Intellectual Property: What direction should it go? The Gauss Project http://gauss.ffii.org (gauss and EP political realities) Erik Josefsson , Foundation for a Free Information Infrastructure Copenhagen, 11 March 2005. about the name:

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5th EPIP Conference: European Policy on Patents and Intellectual Property:

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  1. 5th EPIP Conference: European Policy on Patents and Intellectual Property: What direction should it go? The Gauss Project http://gauss.ffii.org (gauss and EP political realities) Erik Josefsson, Foundation for a Free Information Infrastructure Copenhagen, 11 March 2005

  2. about the name: "[Jacobi] visited Gauss on several occasions to [...] tell him about his own most recent discoveries, and each time Gauss pulled 30-year-old manuscripts out of his desk and showed Jacobi what Jacobi had just showed him." Quote from "Differential equations with applications and historical notes" by George F. Simmons, page 198 (ISBN 0-07-099572-9).

  3. "The Commission's intention in making its proposal was to avoid patenting of pure software and clearly differentiate the EU from the US." Charlie McCREEVY, European Parliament Plenary Session, 8 March 2005 ~25.000 granted software patents in the gauss database

  4. "Nothing that is not patentable now will be made patentable by the directive." Charlie McCREEVY, European Parliament Plenary Session, 8 March 2005 Pending Estonia Microsoft 278 Matsushita 225 Samsung 222 Sony 139 Canon 138 Alcatel 129 Nokia 126 Siemens 124 Philips 116 Nippon Electric 93 Granted Germany Ibm 2054 Canon 893 Siemens 881 Sony 728 Nippon Electric 662 Fujitsu Ltd 612 Matsushita 612 Tokyo Shibaura 573 Hewlett Packard 526 Hitachi 505

  5. NOKIA tells MEPs that the Council text of 18 May "makes sure that software, business methods and algorithms are not included in the directive". NOKIA patent EP1343166 (pending) "Method of digital recording" a "digital recording device" provides data, stores data, defines data, copies data and deletes data, and the data is processed according to the instructions of the claimed computer program.

  6. Claim 1. A method of digital recording comprising: providing a playback file (34) for storing a stream of data(40); defining, within said playback file, a first section (51) to be recorded; copying a second section (35, 36) of said playback file to a new file (55) thereby providing an updated playback file (34'); deleting at least one section (541, 542) from said playback file thereby providing a record comprising said first section. Claim 20. A computer program which, when loaded and executed by a digital recording device, causes said digital recording device: to provide a playback file (34) for storing a stream of data(40); to define, within said playback file, a first section (51) to be recorded; to copy a second section (35, 36) of said playback file to a new file (55) thereby providing an updated playback file (34'); to delete at least one section (541, 542) from said playback file thereby providing a record comprising said first section.

  7. Council Art. 5.2: "A claim to a computer program [...] when loaded and executed                   in a [...] programmable apparatus,                   put into force a product or process NOKIA EP1343166: "[claim] 20. A computer program which, when loaded and executed                   by a digital recording device,                   causes said digital recording device

  8. Council Art. 4.1: "A computer program as such cannot constitute a patentable invention." NOKIA EP1343166: "[claim] 19. A computer program for executing a method according to any preceding claim." What is the difference between the EP1343166 computer program which NOKIA believes constitutes a patentable invention, and those computer programs that cannot constitute patentable inventions according to article 4.1? and other questions...

  9. suggested definition of “software patent”: a software patent is a patent on any performance of a computer realised by means of a computer program Council 18 May text: "computer-implemented invention" means any invention the performance of which involves the use of a computer, computer network or other programmable apparatus, the invention having one or more features which are realised wholly or partly by means of a computer program or computer programs;

  10. Thank you for your attention! Please visit http://www.ffii.org and http://gauss.ffii.org

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