Saturday, 26 February 2011

Interpretational Spotlight: « Uploading »

[2.3] The appellant argued that “transmitting” data cannot always be equated with “uploading” data, since “uploading” requires that the transmitter initiates the data transmission.

In the board’s view, however, the term “uploading” should be given the meaning and scope it normally has in the relevant art, namely that of transferring data, etc., from one computer or device to another, especially to one which is larger or remote from the user, or is functioning as a server; it is not relevant which side initiated the transfer. Hence, by transmitting data from [a] portable audio device to [an] external device […], the data is uploaded. The argument is therefore not convincing.

Should you wish to download the whole decision (T 264/09), just click here.

To have a look at the file wrapper, click here.