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Software Patent
of the year 2006

August – Patent 3

EP1169848 – Method for producing an image motif on an image material

EU-Patent on software (algorithm)
Application to European Patent Office on 13/04/2000 by Heike Strehler (Picturation GmbH, Germany)
Granted on 04/06/2003
Date of priority: 13/04/1999 (valid no more than until 13/04/2019)
Patent attorney: Dreis, Fuhlendorf, Steimle & Becker
Patent specification provided by EPO/espacenet
Prize: CyberOne-Award 2001 – Innovationspreis des Landes Baden-Württemberg

Advice on the reading of patent specifications:

The decisive element are the claims, as they specify which actions are forbidden within the framework of the patent.
Violating one single claim is sufficient to be considered a patent violation. Generally, claim number 1 is the decisive main claim which covers all other claims relating to special cases.
The description is intended to help the reader interpret the claim. At the same time, it is supposed to document and disclose the details of the invention. This disclosure is the original purpose of the entire patent system.
In practice, a patent specification contains no detailed information on how the patented procedure could be implemented (even if the patent owner allowed the implementation). In particular, a software patent contains no program code (reference implementation), but merely describes the idea of a software.

Patented idea:

Creating an image motif at low resolution and printing it at high resolution

Main claim: For its clients a provider makes available images at low resolution via internet. The client uses them to create an image motif. After choosing an image material (paper, T-shirt, etc.) the image motif is printed at high resolution.

Further claims:

The provider makes available the software for creating the image motif
Saving amendments, enhancements
The provider makes available several image materials
Choice of form and/or size by the client
Special case: usage of the internet

Description: The patent specification describes the idea that because of the large bulk of data it is difficult for clients to manage images of high resolution. Consequently images of low resolution have certain advantages because of the smaller volume of data involved.

Everyday parallel: A painter is expected to paint a large-sized oil-painting. Before he begins the actual project (high resolution), he presents a range of sketches to his client, by means of which the latter arranges the final motif.

Examples for patent infringements: Print-on-Demand-Online-Shops selling T-shirts, teacups, etc..

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