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Konrad Zuse's 1941 Patent Application - Unesco

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Memory of the World Register - Nominated Documentary Heritage -...ad <strong>Zuse's</strong> <strong>1941</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung" - Germany<br />

Abstract<br />

Identity and Location<br />

Memory of the World Register - Nomination Form<br />

Germany<br />

<strong>Konrad</strong> <strong>Zuse's</strong> <strong>1941</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung"<br />

Abstract<br />

Part A - Essential Information<br />

Identity and Location<br />

Legal Information<br />

Identification<br />

Management Plan<br />

Assessment against the Selection Criteria<br />

Consultation<br />

Nominator<br />

Part B - Subsidiary Information<br />

Assessment of Risk<br />

Preservation Assessment<br />

Nothing has changed the world more rapidly than the emergence of the Computer. The basic<br />

concepts, still valid today, were developed in a period of about 20 years, from 1935 to 1955.<br />

Quite a few names are associated or credited with this development, but one of the first ranks<br />

undoubtedly belongs to <strong>Konrad</strong> Zuse (1910-1995) (For further experts confirming this evaluation<br />

please see 3.5 and 3.6). The now famous machine called "Z3" – destroyed during an air raid in<br />

World War II – gave rise in <strong>1941</strong> to the patent application for a "Rechenvorrichtung" (calculating<br />

device), i. e. – though anachronistically speaking – a computer.<br />

Curiously enough, the patent was eventually denied, although the application gave a description<br />

of the structure (or, as it is called today, architecture) of a universal, programme-controlled<br />

calculating – or computing – device. The importance of this patent application as well as the<br />

merits of <strong>Konrad</strong> Zuse have only later been recognized. Nonetheless, the patent application itself<br />

is of utmost interest for the development and for the history of computer science. Being the first<br />

sketch of a nowadays ubiquitous concept, this document is clearly of world significance.<br />

Name of the Documentary Heritage: <strong>Konrad</strong> <strong>Zuse's</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung" of<br />

July 16, <strong>1941</strong><br />

Please note that the German technical term used for "computer" sometimes still is "Rechner" (e.<br />

g. the French use of "ordinateur"). Thus, the title chosen by Zuse for his <strong>1941</strong> patent application<br />

"Rechenvorrichtung" (which today appropriately would be translated as computing device,<br />

although calculating device keeps more of the original flavour) is in perfect accordance even with<br />

our contemporary use of technical terms. It should not mislead anyone into thinking that it was a<br />

simple calculating machine that Zuse was applying for to be patented.<br />

Country: Federal Republic of Germany<br />

State, Province or Region: Hessen<br />

Address:<br />

Gisela Zuse<br />

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Memory of the World Register - Nominated Documentary Heritage -...ad <strong>Zuse's</strong> <strong>1941</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung" - Germany<br />

Legal Information<br />

Identification<br />

Im Haselgrund 21<br />

D-38088 Hünfeld<br />

Germany<br />

Name of Institution: n/a<br />

● Owner: Gisela Zuse<br />

● Custodian: Gisela Zuse<br />

Legal Status:<br />

● Category of ownership: Private<br />

● Details of legal and administrative provisions for the preservation of the<br />

documentary heritage: The "first original", as it may be called, of the patent application<br />

is lost; some minor quality copies and several later drafts do exist<br />

● Accessibility: Copies are available on demand, providing scientific/historic interest [a<br />

transcription can be found in Rojas (1998) 111-141(-193), see Bibliography]<br />

● Copyright status: The family of <strong>Konrad</strong> Zuse owns the copyright<br />

● Responsible administration: The Kulturstiftung der Länder has been authorized by the<br />

Zuse family to take the necessary steps requested by the Memory of the World<br />

programme. Further information is available on request (see "Nominator", "Contact<br />

person").<br />

● Description: The patent application for what later became known as "The Computer".<br />

This is a typoscript of 48 pages, with an additional 12 pages of illustrations. Further, we have<br />

another most interesting situtation: There exist several drafts of different states of the patent<br />

application. This is obviously due to the fact that Zuse in the course of his discussions with the<br />

German patent office(s) – discussions which lasted for more than a quarter of a century – tried to<br />

comply to the requests made by the patent office, but also by several people and/or institutions<br />

having a stake in "computer patents". Every such draft or version contains some minor or major<br />

changes when compared to its predecessor, either in the wording of the description, or in the<br />

phrasing of the requests made by Zuse. Thus there is a chance to trace in details the<br />

development of one of the fundamental concepts of the 20th century.<br />

(An English translation of the patent application will be prepared in due course)<br />

It seems approriate to point out here that computer – even and especially in the English<br />

speaking world – did not then have the meaning it has today. In those days it meant a human<br />

being, doing calculations (either with or without the help of machines). Only several years later,<br />

some of the major US built machines of this kind, finished in the period 1943 through 1945<br />

(Harvard Mark I, ENIAC etc), were the first devices to be generally called "computers" in its<br />

modern sense of the word. It is well known, even among data processing or computer science<br />

laymen, that concepts for this kind of machines existed well before the name "computer" could<br />

be given to them (e. g. the ideas of Leibniz, Babbage, Turing and others). However, there is no<br />

debate any longer about the priority of <strong>Konrad</strong> Zuse – concerning several aspects and many<br />

details, e. g. computer architecture, or the use of the binary system, or the identity between<br />

logical and mathematical operations, or the floating point representation of numbers etc –, and<br />

also about the fact that <strong>Konrad</strong> <strong>Zuse's</strong> "Z3", finished and demonstrated to several selected<br />

scientists on March 11, <strong>1941</strong>, was the first fully functional computer in the modern meaning of<br />

the word, i. e. a universal, programme-controlled calculating or – as we would or should say<br />

today – computing device with the ability to be programmed also for non-numerical problems, e.<br />

g. chess.<br />

● Bibliographic details: German <strong>Patent</strong> <strong>Application</strong> Nos. Z26476 (<strong>1941</strong>) and Z391 (1951)<br />

● Visual documentation: Copies of the first three pages of the typescript are attached as well<br />

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Memory of the World Register - Nominated Documentary Heritage -...ad <strong>Zuse's</strong> <strong>1941</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung" - Germany<br />

Management Plan<br />

as a picture of the reconstructed "Z3" (found today in the German Museum in Munich).<br />

● History: <strong>Konrad</strong> Zuse (1910-1995) is now internationally recognized as the inventor and<br />

creator of the first programme-controlled universal calculating device – in short: of the Computer.<br />

He conceived of such a machine as early as 1936, and after some trials succeeded in<br />

demonstrating a working relay computer on May 12, <strong>1941</strong>, to some 10 scientists, who reported<br />

favorably on this event. Zuse filed his patent application on July 16, <strong>1941</strong>. The application was<br />

registered as <strong>Patent</strong> <strong>Application</strong> Z26476. Before the <strong>Patent</strong> Office of the "Third Reich" was<br />

closed in 1945, some exchange of questions, remarks, explanations, reformulations, etc. took<br />

place, but without a conclusion being reached. Two years after the German <strong>Patent</strong> Office was<br />

re-erected in 1949, the Zuse KG – the corporation that <strong>Konrad</strong> Zuse had founded in post-World<br />

War II Germany – filed a slightly revised application again in 1951 (now as <strong>Patent</strong> <strong>Application</strong><br />

Z391). After many years of legal discussions, the Federal <strong>Patent</strong> Court of the Federal Republic<br />

of Germany eventually denied the patent on July 14, 1967, due to the "lack of 'height' necessary<br />

for an invention" (mangelnde Erfindungshöhe). Though formally correct, this decision on <strong>Zuse's</strong><br />

patent application is part of what may rightly be considered one of the most curious<br />

misinterpretations in modern patent history. A similar event occurred in 1974 in the United<br />

States, when Judge Larson had to – and did! – decide who should be called "The Inventor of the<br />

Computer [in the U.S.A.]". His decision, too, may well have been formally correct, but is not –<br />

and cannot – be taken seriously by the public, nor is it supported by scientific and historical<br />

research.<br />

The invention of the computer in its modern meaning of the word is a unique feat, though it has<br />

been attributed to several people or groups of people. As this invention fell into the years shortly<br />

before and during World War II, the exchange of ideas was not as it used to be in "normal"<br />

times. Thus, several of these ideas did not surface until many years after they were conceived<br />

(and some of them are still withheld from the public, e. g. in Great Britain). There is an obvious<br />

importance in giving a closed concept of a universal computing device – programmable and not<br />

limited to numerical problems –, and this was what <strong>Konrad</strong> Zuse did in his patent application.<br />

Several of his ideas were "re-invented" independently, due to the circumstances mentioned<br />

above. But, as also pointed out in the Summary, there is no debate now as to who really was the<br />

computer pioneer who not only was the first to have a computer work, but who also – in the form<br />

of his patent application – "published" first on it.<br />

● Bibliography:<br />

❍ Ceruzzi, Paul E.: Reckoners. The Prehistory of the Digital Computer, from Relays<br />

to the Stored Program Concept, 1935-1945.– Westport, CT; London: Greenwood<br />

Press 1983 (= Contributions to the Study of Computer Science 1)<br />

❍ Ceruzzi, Paul E.: A History of Modern Computing.– Cambridge, Mass.: The MIT<br />

Press 1998, pp. 1-12 (Introduction)<br />

❍ Metropolis, Nicolas et al.: A History of Computing in the Twentieth Century.–<br />

Orlando [...]: Academic Press 1980, pp. 611-627<br />

❍ Petzold, Hartmut: Die Ermittlung des "Standes der Technik" und der<br />

"Erfindungshöhe" beim <strong>Patent</strong>verfahren Z391. Dokumentation nach den<br />

Zuse-Papieren.– Bonn: Gesellschaft für Mathematik und Datenverarbeitung mbH<br />

1981<br />

❍ Randell, Brian (ed.): The Origins of Digital Computers. Selected Papers.– Berlin<br />

[...]: Springer 31982.<br />

❍ Rojas, Raúl (Hrsg.): Die Rechenmaschinen von <strong>Konrad</strong> Zuse.– Berlin u. a.:<br />

Springer 1998<br />

❍ Zuse, <strong>Konrad</strong>: Der Computer – Mein Lebenswerk.– Berlin u. a.: Springer 1984<br />

Digitizing the available documents, starting with the first patent application of June <strong>1941</strong> and<br />

continuing until the final decision of the Federal <strong>Patent</strong> Court of Germany.<br />

Assessment against the Selection Criteria<br />

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Memory of the World Register - Nominated Documentary Heritage -...ad <strong>Zuse's</strong> <strong>1941</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung" - Germany<br />

● Influence: It does not seem necessary to point out here in detail what the invention and<br />

subsequent use of the computer have meant for the rapid change of the world during the last fifty<br />

or so years. The part that <strong>Konrad</strong> Zuse played in this "game" has been outlined above and is<br />

sufficiently praised in articles, books and monographs on Computer History. The development of<br />

the field is partially reflected in patent history, of course. The problems with "computer patents"<br />

seem to have their beginning with this application; more difficulties were to follow. This led to a<br />

new attitude of the <strong>Patent</strong> Offices worldwide, concerning the patentability of hardware and,<br />

especially, software.<br />

It seems appropriate here, however, to point out once again that "ideas" usually have one or the<br />

other form of "first [original] document" in which they appear. If this "first original" is lost,<br />

however, the idea is not lost as long as "copies" of this document still exist. There is no parallel<br />

to this in – say – art, where the definitive loss or destruction of a unique work of art leaves no<br />

chance to "recover" the original. Thus things are different concerning ideas, which at the same<br />

time need some kind of documentary manifestation. A copy is of the same importance for<br />

carrying the idea further, making it available to the scientific world and/or the public. It cannot be<br />

said, therefore, that the idea has been lost if the "first original" does no longer exist (as seems to<br />

be the case here).<br />

● Time: Again, it is not necessary to even discuss whether the invention and use of computers<br />

had an immediate impact or not. Although this invention belongs to the most recent past, it has<br />

transformed the world radically.<br />

● Place: Germany during World War II was an extremely unfavourable place for this invention.<br />

The importance of <strong>Zuse's</strong> invention originally was not understood there, and the troubles of war<br />

added to this situation. Although Zuse made his way as a manufacturer of computers in<br />

post-World War II Germany, he was only in later years (around 1965/1970) internationally<br />

recognized as being the pioneer of modern computers.<br />

● People: The patent application in question has been originally written and filed by one of the<br />

outstanding pioneers of the computer and of computer science, <strong>Konrad</strong> Zuse. By his work, Zuse<br />

made a lasting and most significant contribution to the world.<br />

● Subject/Theme: The computer as we know it has been developed in the first half of the 20th<br />

century. Although its invention may – in retrospect – look "natural", it definitely is not. Too many<br />

previous achievements had to be integrated to create a truely universal machine, and there<br />

would have been many different ways to do this. Zuse chose, almost from scratch, all the<br />

features that still characterize today's common computer architecture. In this respect, he was five<br />

to ten years ahead of contemporary developments in, say, the US or in Great Britain. The<br />

difficulties in obtaining a patent (see above 3.4, History) were symptomatic for these early years;<br />

in the 1950s and 1960s many tricks had to be conceived in order to receive patents for<br />

computers. This was due to the fact that the 19th century idea of what a patent should "be" was<br />

very hard to apply to a "universal" machine. In this respect, the (denied) Zuse patent as well as<br />

some others also pioneered a change in the <strong>Patent</strong> Office's view, concerning hardware and –<br />

especially some years later – software.<br />

● Form and Style: The original patent application seems not to have survived. It was a<br />

typescript of 48 pages, plus another 12 pages with 41 illustrations. The best copy available now<br />

belongs to the Zuse family, but of course this copy is of rather poor quality, given the time in<br />

which it was made. The language of the patent application is a "technical" German, as one<br />

would expect. Although it contains some formulae, most of it can easily be read and understood.<br />

● Social Value: As it is commonplace nowadays to speak of the Information Society, which<br />

means the computerized access to information and its processing, there is no need to<br />

demonstrate the social values of the "computer". In fact, the computer is omnipresent, and it<br />

would take more than a book to describe what changes, values, opportunities and risks arose<br />

with it.<br />

● Integrity: The copy of the original patent application as preserved by the Zuse family is the<br />

best approximation to the obviously lost original. The copy is complete, however.<br />

● Rarity: Quite in accordance with the fate of the original machine Z3 (destroyed), the patent<br />

application (denied; this was formally correct, but was basically due to the restrictions and<br />

inadequacies of contemporary patent laws, which have since been internationally amended to<br />

even comprising software), the presumably only, typewritten original was sent to the<br />

"Reichspatentamt" (as Germany's <strong>Patent</strong> Office was then called) – and of course was "lost" (i. e.<br />

most probably destroyed) during World War II. It would not be appropriate, however, to place this<br />

patent application into the category of "Lost Heritage", as a second thought immediately reveals.<br />

An inherent problem with these kinds of documents seems to be that there has been an impact<br />

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Memory of the World Register - Nominated Documentary Heritage -...ad <strong>Zuse's</strong> <strong>1941</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung" - Germany<br />

Consultation<br />

Nominator<br />

on our world, going out from a peculiar document, which may not have survived in its "true"<br />

original form. But as it contained many basic ideas, which may have – and in the case of the<br />

computer surely have – determined a "major theme of world history or culture", these ideas can<br />

even today be seen in their original form from copies, especially if the "first original" has not been<br />

preserved. This is the case here. A contemporary photocopy is the next best thing to the (lost)<br />

"original" that can be provided in such a case, as it contains the original ideas in their original<br />

form.<br />

● Authenticity: The photocopy is obviously an authentic copy of the original.<br />

● Owner: Gisela Zuse, Im Haselgrund 21, D-38088 Hünfeld, Germany<br />

● Custodian: Gisela Zuse<br />

● Regional or National Memory of the World Committee: German National Nomination<br />

Committee<br />

● Independent institutions and experts:<br />

❍ Dr. Hartmut Petzold, Deutsches Museum, Museumsinsel 1, D-80306 München;<br />

T.: ++49 (89) 2179-271<br />

❍ Dr. Paul Ceruzzi, National Museum of Air and Space/Smithsonian Institution,<br />

Washington DC, U.S.A.<br />

❍ Prof. Dr. Raúl Rojas, Institut für Informatik, Fachbereich Informatik, Freie<br />

Universität, Takustraße 9, D-14195 Berlin, Germany<br />

❍ Prof. Dr. Joachim Fischer, Kulturstiftung der Länder, Kurfürstendamm 102,<br />

D-10711 Berlin; T.: ++49-30-893635-13; F.: ++49-30-8914251; e-mail:<br />

ksl@kulturstiftung.de<br />

● Name:<br />

Prof. Dr. Leonhard<br />

President of the National (German) Memory of the World Committee<br />

c/o German Commission for UNESCO<br />

Colmantstraße 15<br />

D-53115 Bonn<br />

Germany<br />

T.: ++49 (228) 60497-0<br />

F.: ++49 (228) 60497-30<br />

E-mail: dispatch@unesco.de<br />

Relationship to documentary heritage: n/a<br />

● Contact person:<br />

Prof. Dr. Karin v. Welck<br />

Kulturstiftung der Länder<br />

Kurfürstendamm 102<br />

D-10711 Berlin<br />

Germany<br />

T.: ++49 (30) 893635-13<br />

F.: ++49 (30) 8914251<br />

E-mail: ksl@kulturstiftung.de<br />

Or<br />

Prof. Dr. Joachim Fischer<br />

Kulturstiftung der Länder<br />

Kurfürstendamm 102<br />

D-10711 Berlin<br />

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Memory of the World Register - Nominated Documentary Heritage -...ad <strong>Zuse's</strong> <strong>1941</strong> <strong>Patent</strong> <strong>Application</strong> "Rechenvorrichtung" - Germany<br />

Assessment of Risk<br />

Germany<br />

Preservation Assessment<br />

T.: ++49 (30) 893635-33<br />

F.: ++49 (30) 8914251<br />

E-mail: ksl@kulturstiftung.de<br />

The photocopy held by the Zuse family slowly deteriorates, but its physical state still is fairly<br />

good. The quality of the first photocopying process, however, was already poor, so there are<br />

several darker regions (but the text can still be read without difficulties).<br />

A digitized version would allow image processing techniques to be applied in order to<br />

"reconstruct" the original appearance of the patent application.<br />

This Nomination - Introduction<br />

Reading Room<br />

World Heritage List - Germany<br />

cii.webmaster@unesco.org<br />

© Copyright 1999 - UNESCO<br />

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