From: Gary Howland <gary@systemics.com>
Date: Thu, 24 Oct 1996 03:00:57 -0700 (PDT)
To: janke@unixg.ubc.ca
Subject: Re: I'm Confused about Algorithm Patents in Canada
In-Reply-To: <199610240556.WAA01358@clouds.heaven.org>
Message-ID: <326F3E61.ABD322C@systemics.com>
MIME-Version: 1.0
Content-Type: text/plain


janke@unixg.ubc.ca wrote:
> 
> I have a library of crypto goodies that I would like to release,
> but am kinda stuck on the copyright: I read in a very new book that
> algorithms cannot be patented in Canada. In AC2, however, Scheneier
> mentions several of the algorithms as being patented in Canada.
> Today, I visited Ascom's home page and noticed that IDEA is not
> patented here, so I get the feeling the law might have changed
> just recently. If anyone can tell me anymore of what they know about the
> status of algorithm patents in Canada, or if they could point
> me to a good source of info on the net, I would be very appreciative.
> (Since my library will be free, you might be helping more than just
> me too. :) )


Yes, this certainly seems to be a grey area.  For instance, the MD of
Digicash said recently that they have a worldwide patent on blinding,
but I am a little puzzled by this - I thought the patents had to be
applied for in each country individually.  Also, Article 52(1) of the
European Patent Convention (EPC) reads:

	"European patents shall be granted for any inventions which are
        susceptible of industrial applications, which are new and which
        involve an inventive step."

        The EPC does not define what is meant by inventions, but Article
        52(2) lists subject-matter and activities "which shall not be
        regarded as inventions" within the meaning of Article 52(1), in
        particular:

        - discoveries, scientific theories and mathematical methods
                                               ^^^^^^^^^^^^^^^^^^^^
        - aesthetic creations
        - schemes, rules and methods for performing mental acts, playing
games
              or doing business, and programs for computers
                                     ^^^^^^^^^^^^^^^^^^^^^^
        - presentations of information

I no nothing of patent law, but this certainly does seem to imply that
algorithms themselves cannot be patented in Europe.  Any European patent
experts out there?

 
Gary
--
"Of course the US Constitution isn't perfect; but it's a lot better
than what we have now."  -- Unknown.

pub  1024/C001D00D 1996/01/22  Gary Howland <gary@systemics.com>
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