From: "Murray Hayes" <mhayes@infomatch.com>
Date: Sat, 26 Oct 1996 03:21:51 -0700 (PDT)
To: "gary@systemics.com>
Subject: Re: I'm Confused about Algorithm Patents in Canada
Message-ID: <199610261021.DAA04914@infomatch.com>
MIME-Version: 1.0
Content-Type: text/plain


On Thu, 24 Oct 1996 12:01:05 +0200, Gary Howland wrote:

>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
[snip]
>
>
>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,
[snip]
>	"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?
>

Patents are different from copywrites.  In Canada there are specific
guidelines pertaining to what can and cannot be patented.  These guide
lines are avalible from the government (look in the blue pages).
Algorithims, circut designs, etc, etc (what about papers about them?)
are specifically excluded from copywrite laws in all countries that 
adhere to the international copywrite treaty (or what ever).

Algorithms come under intelectual property protection but I have no
idea what laws govern that.  I do recall that sevral years ago, a 
company sued an emplyee that was leaving.  The court ordered that he
could not obtain employment in his previous field for seven years
(practically a life time).

If in doubt you should probably seek professional legal advice because
you could get yourself into MAJOR legal trouble.



mhayes@infomatch.com
http://www.infomatch.com/~mhayes