LATE BREAKING NEWS Friday 24th  December 1999

DICKENS PATENT IS BEING RE-EXAMINED!

The full USPTO press release is available at:
http://www.uspto.gov/web/offices/com/speeches/99-51.htm
 
ITAA's website outlining the Dickens2000 situation will be
updated later today, and within the next couple of days
will have some of Dickens/McDonnell Douglas' original
submissions/affidavits provided to the USPTO to obtain the
patent.   As more information - particularly on
the question of PRIOR ART - it will be posted to.
http://www.itaa.org/year2000/dickens.htm

We specialise in Software Compliance Auditing.You can now purchase 10 software audit tools for a single price see;  Corporate and Educational!

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Permission is granted to reprint this article in its entirety on the Internet by inclusion of this page with any other web page and also includes any printed magazine, newspaper or journal on the basis that the ENTIRE article is printed including all copyright notices. We would appreciate an e-mail notification of the web page URL sent direct to robharm@pcprofile.com      Copyright © 1999 Rob Harmer Consulting Services Pty Ltd   Published date 6th November 1999

It's Patently Obvious....................
Dateline March 23rd, 2005

 
This was a day that I took grandfather to the cemetery to visit the gravesite of his friend. I saw him staring for a long time at the headstone and he was shaking his head. 
A tear came to his eye and I thought he must have  been reflecting on memories of days gone by..............
 
Then his question struck me from the blue, "You know, I just can't quite remember whether he died in 1898 or 1998, it seems ages ago.  - I'm confused."
 
"Hey, Pop, it's patently obvious that he must have died in 1998 as we know he wasn't over a 100 when he died."
 
"Here, I'll show you a quick way to work it out........"
 
"If  the year you are looking back to is between 50 and 99 then it must be between 1950 and 1999, but if the year is between 00 and 49 then it must be 2000 to 2049."  "We call this windowing, as it is a convenient way to work out the year based on just two digits"
 
"Today is 2005 and the headstone date on the grave shows '98 so it must have been 1998".
 
It's not so hard to figure out I thought, but I guess the he was getting on in years and this was yet another sign of aging. Besides those of us involved in the great project rush to make our computer systems Year 2000 compliant had used windowing as a convenient form of "patching" the systems so that there would be minimal disruption to activities as we transitioned from 99 to 00 or 1999 to 2000 to be more precise.

Dateline 6th November 1999

It might be patently obvious, but there is now a major legal problem that exists for us all, worldwide, as we move inside the last 50+ days of 1999!

Did you know that by using this simple, yet commonly used method of calculating the year by referring to the two digit structure to determine which century it belongs to,  that it is possible to infringe patents lodged in the US in 1996 that were issued in 1998?

Did you know that your Year 2000 project may be infringing these Patents?

 
Surely this is patently, obviously, WRONG?
 
In its wisdom to afford protection to the individuals and organisations that lodged the Patents, (and we mean no disrespect here  to any inventor), the US Patent Office has now created a legal minefield for lawyers, corporations, governments and everyone using the "windowing approach" as part of their Year 2000 solution.
 
It is accepted that the issuing of a Patent is designed to protect the rights of the inventor and applicants to the intellectual property and inventions that they claim.

One definition of a patent is;

patent noun
the official right given, usually to the inventor, to make or sell or licence an invention for a certain time without it being copied.
 
The US Patent Office "may now have traversed a boundary" that cuts across common everyday practises that we all use in our day to day operations in the use of computer systems right across the globe!
 
The "windowing algorithm" (or formula) for determining which century a given set of two digits represents by referring to these two digits of the year on documents, computer printouts, electronic devices etc could well be challenged by many as a commonplace event and prior work or art form.

The purpose of this web page is to alert you by example, highlighting just how commonplace we all decide "which year it is", by using a two digit year date.

Examples of two digit years that are in commonplace usage are;
  • "Use by" dates on food packaging
  • "Expiry dates" on credit cards
  • "Expiry dates" on prescription drugs and chemicals
  • Hand written two digit year dates on cheque forms and deposit slips
  • Printed "year dates" on receipts from ATM's, drugstore sales
  • "two digit year" dates cash dockets, store receipts
  • Drop down two digit year dates on web page selection items
  • RTC/BIOS century and year dates for date interpretation by PC's
  • Time of Year (TOY) dates on mainframe boards in large scale computers

    • and so on........

    In each of the examples shown above,  "windowing" interpretation rules are used to decide what century date should be appended to the two digit date to arrive at a fully explicit year structure.  The windowing technique is the method used to cover this approach
     
    Some of the interpretation methods are done purely "in the head" e.g; "use by" dates on food packaging; "expiry dates" on credit cards; "expiry dates" on prescription drugs and chemicals; "hand written dates" on cheque forms and deposit slips and so on. 
     
    We have lived and breathed this method of year "interpretation" for years and are more than familiar with using our own shorthand notation.

    This has now extended into the realm of computer systems (large and small, PC and mainframe) and we have carried forward the concept of windowing to determine years and centuries based on supplying formulae that decide in specific application software, databases and spreadsheets what the year and century will be based on a two digit year.  This technique has been a common approach to solving the problems faced by many with Year 2000 issues across their organisation.

    In fact, it could be argued that it is so widely accepted and commonplace, that it does not warrant further discussion.

    BUT: we are now faced with the equivalent of an electronic bombshell due to the following Patent which can be read about in the press releases at;

    Y2K fix may force firms to pay back fees
    By Erich Luening Staff Writer, CNET News.com November 3, 1999, 1:10 p.m. 
    Copyright ©1995-1999 CNET, Inc. All rights reserved.

    and

    Sourced from http://businesswire.com/  

    Dickens Y2K Solution Patent Now Available to License:

    Note: web page linked killed within 3 days by Buisness Wire!

    Dickens Y2K Solution Patent Now Available to License: System Uses a Form of "Windowing" to Modify Databases So That They Automatically Incorporate the Correct Century Designation  reference BW0111 NOV 03,1999 5:18 PACIFIC 08:18 EASTERN
    Business Editors/High-Tech Writers ©1999 Business Wire

    ( heavily snipped and edited from Business Wire News)

    The  Dickens Y2K Solution Patent was originally filed for patent approval with the US Patent & Trademark Office on October 3, 1996 (application No. 725,574) and US Patent No. 5,806,063 ('063 Patent) was formally issued on September 8, 1998.

    NOTE:  For those US Fortune 500 and Information Week 500 companies who are being targeted by letter by law firm Levin & Hawes offering a license for the technique "who do respond" by executing a license for the Year 2000 Solution with Bruce and Dickens2000 then they will "obtain the benefit of an exceptionally modest up-front fee and ongoing royalty rate."

    The US Fortune 500 and Information Week 500 companies "who wait until after January 1, 2000 will still get a very modest royalty rate, compared to the savings of using the method of the Dickens Y2K Solution Patent, but at a rate one-hundred times higher than those who sign up by December 31, 1999."

    To arrange for details and information on licensing the Dickens Y2K Solution Patent, please contact William C. Cray, partner with the Laguna Beach, CA. law firm of Levin & Hawes; telephone 949/497-7676; facsimile 949/497-7679. 

    and from

    http://www.itaa.org/year2000/dickens.htm

    The, ITAA has been actively monitoring Bruce Dickens' activities and correspondence surrounding his demand letter to a number of companies that they pay $50,000 up front and an additional $1,000-2,000/month licensing fee for a patent that was "invented" by Mr. Dickens.

    The Dickens Y2K Solution Patent with the US Patent Office is listed here;

    http://patent.womplex.ibm.com/details?&pn10=US05806063
    The issued dates is Sept. 8, 1998 and the filed date is Oct. 3, 1996
     
    What is the impact on YOUR Year 2000 project?

    To ascertain whether you have a risk and liability in terms of licence fees payable under the Dickens Year 2000 Solution Patent then you will need to consult your lawyers and examine the full list of claims on this patent which are listed at
    http://patent.womplex.ibm.com/details?&pn=US05806063__&s_clms=1#clms

    You MUST also check out the Patents which have been lodged "on the back of" the above patent at;

    http://patent.womplex.ibm.com/details?&pn=US05903895__&s_clms=1#clms 05/11/1999
    Method for reformation conventional three field date formats to produce a century accumulated date
    http://patent.womplex.ibm.com/details?&pn=US05897633__&s_clms=1#clms 04/27/1999
    System for converting programs and databases to correct year 2000 processing errors
    There is another two digit  windowing technique patented and described
    at http://patent.womplex.ibm.com/details?&pn10=US05600836
    Issued date = Feb. 4, 1997 Filed date = Nov. 14, 1995

     

    SO WHAT WILL HAPPEN?

     
    Firstly, nothing is going to compel us or change our social behaviour in a way that we won't use this method in the future.  It is an endemic part of our lives and culture. The existence of a Patent covering this approach is NOT going to prevent anyone from using a windowing technique.
     
    However, in the case where automated/electronic processes do the interpretation for us, based on a software algorithm (formula) with pre-set boundaries covering the cusp year to determine the century window, then the Patent will certainly impede in some cases severely, the progress of these activities.
     
    The issuing of these Patents by the US Patent Office now forces those who use methods to remedy their computer systems to make them Year 2000 ready and capable, to be more diligent in their approach as they will be infringing the claims made in the respective Patents.
     
    The fact that these Patented Year 2000 Solutions are now being brought to light in the last 60 days of 1999 has created an impossible scenario. Many Year 2000 Projects are now trapped as they have already, in the eyes of the inventor/s and the US Patent Office, infringed Patent Rights.
     
    Remedies for infringement of a Patent Right is for the Patent holder to seek licences and to be paid fees and royalties through legal action by specialist patent lawyers.  It is interesting to note the tone and tenor of the comments in the Business Wire press release referred to above about "modest fees" and "increasing one hundred fold" after 1st January 2000!
     
    The only saving grace for all those involved in Year 2000 projects will be by vigorously contesting the nature, structure and intent of each patent issued and the details of the claims made which will be a vital key to the appeal. You will need to produce hard evidence of prior work in existence based on the methods used and you MUST use an appropriate Patent attorney or specialist to defend your claim.
     
    To achieve this you will need to seek legal advice and a patent attorney is the correct source of this advice. Basically if you can produce evidence of prior art forms or works that existed BEFORE the lodgment date then there is some chance (but no guarantees) that the patent issued can be withdrawn.  Needless to say the costs of taking the defensive action will be expensive.
     
    Bear in mind, should the defensive action fail, and licence fees and royalties ensue then the risk to individuals who have promoted the method can be high as companies and organisations seek punitive damages against Year 2000 consultants and advisers.
     
    Who is affected by these Year 2000 Patents?
    Everyone!
     
    Let's be more specific;
     
    IBM, Microsoft, Sun, SCO, QNX, Novell, Oracle, SAP, Phoenix, AMI, and all members of the PC Alliance group, all year 2000 projects in existence right across the globe, every software application vendor, and so on. Get the picture? 
     
    The most clearly visible patent infringement to date (albeit inadvertently, as they may not have been aware of the existence of this specific patent) applies to Microsoft with Windows 98 which allows the end-user to set a specific date window using two digit date structures. based on the claims in the patent then they may be infringing the patent issued to Bruce Dickens under US05806063 issued September 8th, 1998;

    Microsoft Windows 98 applies a Windowing technique;

    _yy98.jpg (65495 bytes)

    In the dialogue box above, which comes straight from the Windows 98 Control Panel/Regional Settings area it could be argued that the application of this windowing technique infringes the Patent issued to Dickens, or even some other Patent as there is more than 1 Year 2000 patent on the market!.

    Patent infringement may affect the following areas of Year 2000 activities;

    Datewatch  (a Microsoft patch and fix product that intercepts two-digit dates and converts them to 4 digits by examining the cusp year and then deciding whether it is 1900 or 2000

    A whole range of Microsoft and other vendors software applications that interpret the century date for two digit files as follows;

    If your date format has years entered 
    in the ranges 00, 10, 20, 30, 40, 50, 60
    Software Product Dates in 1900 Dates in 2000
    Microsoft Excel version2.0 1900 1910 1920 1930 1940 1950 1960 any software patches applied to show as 2000 dates are likely to infringe!
    Microsoft Excel version 4.0 1930 1940 1950 1960 2000 2010 2020
    Microsoft Excel v7 for Win 95 1930 1940 1950 1960 2000 2010 2020
    Microsoft Excel v8 1940 1950 1960 2000 2010 2020 2030
    Excel 2000 1940 1950 1960 NOTE: user defined, can be any cutover date 2000 2010 2020 2030 NOTE: user defined, can be any cutover date
    Microsoft Access v2.0 1900 1910 1920 1930 1940 1950 1960 This has now been patched by Microsoft to record 2000 so a window has been applied to cover the cutover dates
    Microsoft Access 95 1900 1910 1920 1930 1940 1950 1960 any software patches applied to show as 2000 dates are likely to infringe!
    Microsoft Access 95 BUT requires OLEAUT.DLL v2.20.4049 1930 1940 1950 1960 2000 2010 2020
    Microsoft Access 97 1930 1940 1950 1960 2000 2010 2020
    Access 2000 1940 1950 1960 NOTE: user defined, can be any cutover date 2000 2010 2020 2030 NOTE: user defined, can be any cutover date
    Lotus 1-2-3 v3.0 1900 1910 1920 1930 1940 1950 1960 any software patches applied to show 2000 dates are likely to infringe!
    Lotus 1-2-3 v97 1900 1910 1920 1930 1940 1950 1960 any software patches applied to show 2000 dates are likely to infringe!
    Lotus 1-2-3 Millennium Edition software patch applied to show as 2000 dates is likely to infringe! 2000 2010 2020 2030 2040 2050 2060
    Lotus Approach v3.0 1930 1940 1950 1960 2000 2010 2020
    Lotus Approach v97 1930 1940 1950 1960 2000 2010 2020
    Lotus Approach Millennium Edition software patch applied to show as 2000 dates is likely to infringe! 2000 2010 2020 2030 2040 2050 2060
    Corel Quattro Pro v8 1900 1910 1920 1930 1940 1950 1960 any software patches applied to show 2000 dates are likely to infringe!
    Microsoft Outlook Express v4.72 1900 1910 1920 1930 1940 1950 1960 any software patches applied to show 2000 dates are likely to infringe!
    Microsoft Outlook Express v4.72 with SP1 installed 1950 1960 2000 2010 2020 2030 2040
    Microsoft Schedule + v7 1900 1910 1920 1930 1940 1950 1960 any software patches applied to show 2000 dates are likely to infringe!
    Microsoft Schedule + v7 with update software patch applied to show as 2000 dates is likely to infringe! 2000 2010 2020 2030 2040 2050 2060
    other software brands varies according to application any software patches applied to show as 2000 dates are likely to infringe!

    MORE AREAS OF RISK & POTENTIAL INFRINGEMENT of Year 2000 Patents

    Year 2000 Patch and fix software for RTC/BIOS inaccuracy by all the Year 2000 tools vendors . Let me repeat that again, Year 2000 Patch and fix software. Most places have been fixing their PC's (where they weren't replaced with new ones) with free or paid for software solutions that interpreted the year date returned from the now widely accepted and promoted two digit RTC to determine whether it was 1900 or 2000. See http://www.pcprofile.com/pcally.htm    Is the PC Alliance Promoting the Wrong Standard?  which has argued for some time that we need to use a fully Year 2000 compliant RTC which has an unambiguous century and year structure that increments without software intervention.

    INTEL in its chip architecture uses an onboard two digit structured RTC that uses software to interpret the century and year structure.

    AWARD and PHOENIX BIOS fixes that have recently been released on the market to rectify older BIOS (Award 4.54g) that would not roll into Year 2000 but reset back to 1990 or 1994. These are software patches to roll the two digit structure across to Year 2000

    Automated Date remediation software that has been sold under license and used to remedy source and executable code both in vendor sites and also customer sites around the world.

    and finally,

    those who have mainframe systems that used the 28 year cycle of the Gregorian calendar to buy 28 years of time are effectively caught by several 28 year date reduction patents also issued in the last few years.
     
    It's patently obvious
     
    It's patently obvious that we are all in this together......
    It's patently obvious that a rising clamour of voices needs to be heard that forces a change in the US Patent Office approval mechanism so that these patents that are effectively issued are overturned WHERE clear evidence exists that the practise of windowing (as it is termed) has been in use and existence before the date of lodgment or such other date as is accepted by the US Patent Office.
     
    More details on the patents referred to that have impact on us all in the Year 2000 community and more importantly in the wider industry, business and government sector areas are listed below;
    Here are a few key ones of interest, including a Gregorian calendar and some  28/56 year cycle systems. Each page listed shows the full claims made on each patent for ease of reference for those interested.

    =====================
    A Gregorian calendar date patent!

    US5765145: Method for performing date operations on date fields spanning several centuries
    http://patent.womplex.ibm.com/details?&pn=US05765145__&s_clms=1#clms
    Inventor(s): Masiello; Joseph A. , Washington, DC
    Applicant(s): Shlesinger, Jr.; B. Edward, Arlington, VA
    Colton; Michael J., Lake Ridge, VA
    Pross; Paul, Arlington, VA
    Polkinghorn; William D., Arlington, VA
    Issued/Filed Dates: June 9, 1998 / July 28, 1997 The present invention provides a system and method for processing computer date fields in two year format wherein the dates may occur in one of several centuries without the necessity of reformatting the two digit year date fields into a four digit year date field.
    =====================

    US5758346: Converting representations of year
    http://patent.womplex.ibm.com/details?&pn=US05758346__&s_clms=1#clms
    Inventor(s): Baird; William J. , Sterling Heights, MI
    Applicant(s): Electronic Data Systems Corporation, Plano, TX
    Issued/Filed Dates: May 26, 1998 / Jan. 29, 1997

    A system is provided for converting representations of year. The system includes a database which stores a representation of year in either a two-digit format or a four-digit format. A processor, coupled to the database, converts the representation into the other of the two-digit format or the four-digit format if the represented year falls within a floating window of years. If the represented year does not fall within the floating window, the processor rejects the representation.
    =====================

    US5808889: System and method for identifying and correcting computer operations involving two digit year dates
    http://patent.womplex.ibm.com/details?&pn=US05808889__&s_clms=1#clms
    Inventor(s): Burgess; Allen G. , West Newton, MA
    Applicant(s): Data Integrity, Incorporated, West Newton, MA
    Issued/Filed Dates: Sept. 15, 1998 / June 28, 1996

    A system and method for identifying and correcting computer operations involving two digit year dates. The system includes: a computer and a routine for searching for a subtraction, comparison and sort operations on the computer involving a plurality of two digit quantities representing year dates. The subtraction operation is executed to obtain a difference value between the two quantities. A negative difference value is verified and a plurality of two digit numbers whose sum is 100 is added to the negative difference value so that the subtraction operation yields a correct result for two digit quantities representing years greater than or equal to the year 2000. A similar routine is added to existing computer code involving compare and/or sort operations.
    =====================

    This one even covers the 28 & 56 year cycle

    US5835909: System and method for processing date-dependent information which spans one or two centuries
    http://patent.womplex.ibm.com/details?&pn=US05835909__&s_clms=1#clms

    Inventor(s): Alter; Harvey , Ambler, PA
    Applicant(s): Turn of the Century Solution, L.P., Wayne, PA
    Issued/Filed Dates: Nov. 10, 1998 / Jan. 15, 1997

    The invention provides a system and method for processing date-dependent  information in two-digit format where the dates are in one or two centuries. The system according to the invention includes time change interfaces that convert date data from local time to zone time so that all of the dates are in one century. An application processes the date data in zone time instead of local time. The date data output from the application after processing is represented in zone time and therefore is converted by a time change interface from zone time to local time. According to the inventive method, the-two-digit years provided as inputs to the application are adjusted by either a time change value or a complement value. The time change value is the difference in years between local time and zone time. The complement value is the difference between one hundred years and the time change value. The output date data generated by the application is then similarly adjusted by either the time change value or the complement value so that the output dates are accurately represented in local time. Where the application has a master data file, the date data in the master data file is converted in advance to zone time.
    =====================

    28 year date reduction system

    US5845286: Date value reduction system
    http://patent.womplex.ibm.com/details?&pn=US05845286__&s_clms=1#clms
    Inventor(s): Colizza; Vincent , Winnipeg, Manitoba, Canada
    Applicant(s): none
    Issued/Filed Dates: Dec. 1, 1998 / Dec. 24, 1996

    The year 2000 Problem is addressed by hard coding a Date Translation Object which finds and reduces the two digit year dates by a constant factor of 28 years. After data processing is complete, the Date Reduction Object reintroduces the constant factor into the data values.

    =====================

    US5970247: Methods for encoding decoding and processing six character date designations for the year 2000 and beyond
    http://patent.womplex.ibm.com/details?&pn=US05970247__&s_clms=1#clms
    Inventor(s): Wolf; William M. , Rockport, MA 01966
    Applicant(s): none
    Issued/Filed Dates: Oct. 19, 1999 / Oct. 7, 1997

    A method of encoding and decoding calendar dates in multiple centuries to allow date data to be stored in a six-character format in a digital data processor. In an embodiment designed to allow existing programs to process date data correctly in the year 2000 and beyond, dates occurring before the year 2000 are characterised by two digit representations of each of the day, month, and year, while dates in the year 2000 and years thereafter are characterised by a year representation of "99" and a four-character month/day representation which is greater than 1231. The method comprises an Input Phase, in which date data are encoded from a conventional form into a six character format suitable for storage in a digital data processor, a processing Phase, in which arithmetic and logical manipulation of date data may be performed, and an Output Phase, in which encoded date data are decoded into conventional numerical date designations. Also disclosed is a method of modifying existing computer programs to allow processing of dates
    in multiple centuries according to the above method.
    =====================

    There are many of these date conversion or windowing activities already patented that are worth strolling through for those who have concern.

    It does not seem to be "a frivolent issue" as they have been around for some (in some cases many) years now!

    It should be noted that some of the patents can be traced back to;

     "The Year 2000 and 2-Digit Dates: A Guide for Planning and Implementation",  IBM, (Poughkeepsie, New York, 1996), May, 1996, pp. 4-3 to 4-6, May 1996. and Lips, "Six-Digit Dates and the Century Change", Enterprise Systems Journal, Oct. 1993, pp. 68-72, 101. and we have seen one (US5600836) that references Peter deJager's article at http://www.year2000.com/believeme.html
     
    Let Us Open the Window,
    take a deep breath of fresh air,
    and let common sense prevail!
     
    It's Patently Obvious....................
    that we all need to act quickly and swiftly to minimise any exposure to damages and claims from patent attorney's regarding these patents that now exist, and will continue to be raised and approved as piggyback patents on existing claims, especially where we have been using similar techniques un-impeded for many years.

    What can you do?

    The overall process can be relatively simple in many respects and may be able to be contained to each individual site as follows;

    1.    note the existence of these patents, particularly in respect of the claims (methods used) they make
    2.    keep a local Year 2000 file on patents issued that are relevant to your site use of windowing/28 year techniques
    3.    keep a weather eye for breaking news on patents that are relevant to your field of activity
    4.    scan your systems to identify where you used windowing and log the date you instituted the practise
    5.    wait for the receipt of a letter advising that you may have infringed patent
    6.    consult your patent attorney if you are clear (or not clear) on whether you may have a problem
    7.    definitely consult your attorney when "the letter" arrives in the mail claiming you have infringed.......

    I suspect that the process of detection of infringing sites will be by a "probe and discovery approach" by the patent attorney for the inventor/holder of the issued patent.

    It will be then that legal advisers need to step in on your behalf and produce documentary evidence (as listed above) that you used the technique they are claiming you infringed prior to the effective date of the patent.  If you've got the evidence then you have a strong case for being let off the hook. Then it should be back to the patent attorney to deal with the patent
    issue.
    Whilst overturning or having the patent withdrawn is possible, a lot of work will have to be  done, very fast, by many lawyers etc to achieve the end result for those who  have inadvertently and unknowingly infringed what was thought to be a "common" practise.
    Rob Harmer
    Adelaide
    Sth Australia
    November 6th, 1999

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