Federal Court of Justice

Communication of the press office


No. 84/2010

WINDOWS - file management is based on

invention capable of patent

The X civil senate has confirmed the validity in favour of Microsoft Corp, Redmond, Washington, the USA, granted European patent 618 540. This protective right concerns the problem relevant apparently still today if programmes which are able to work for reasons of low storage capacity or limited arithmetic achievement only with relatively short file names should be also used in computer systems which admit nearly arbitrarily long names to the marking of a file. Known example of a restriction of the number of sign for the name of a file is the operating system MS-DOS with his file system FAT, the only file name with maximum 8 signs admits (8.3-convention). The apprenticeship of the patent permissible Microsoft the introduction of the file system VFAT (from WINDOWS 95). This system permits long file names and is still compatible with the FAT file system. The solution succeeded by an allocation possible in the FAT file system of the file attribute field with the storage of a long name which causes that with the data processing with this system the name entry is ignored.

The Bundespatentgericht (2 Ni 2/05 from the 26th of October, 2006) had not looked at the apprenticeship in the regard on it as inventively that the ROCK had overcome RIDGE INTERCHANGE PROTOCOL for the ISO decisive at that time with CD-ROM 9660-standards the 8.3-restriction. The Federal Court of Justice was not able to join to him because he – consult competently – has taken from the given patent claim another meaning than the Bundespatentgericht. Afterwards the patent teaches to store two independent list entries (one with a short name, one with a long name). The ROCK RIDGE INTERCHANGE PROTOCOL differs from this because with observance both names are included in the one and same list entry. Therefore, for the inventors of the patent other problems arose while overcoming the 8.3-restriction.

Judgment from the 20th of April, 2010 - X ZR 27/07

Bundespatentgericht - 2 Ni 2/05 (EU) from the 26/10/2006

Karlsruhe, 22nd of April, 2010

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