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From: fulk@ellie.UUCP (Mark Fulk)
Newsgroups: net.crypt
Subject: Re: Re: RSA cryptographic algorithm patented?
Message-ID: <479@ellie.UUCP>
Date: Sun, 21-Jul-85 14:31:07 EDT
Article-I.D.: ellie.479
Posted: Sun Jul 21 14:31:07 1985
Date-Received: Wed, 24-Jul-85 05:42:03 EDT
References: <9028@ucbvax.ARPA> <490@calmasd.UUCP>
Organization: SUNY/Buffalo Computer Science
Lines: 22

I just read an article complaining that it seemed ironic that after
fighting NSA to keep the RSA algorithm unclassified, RSA were trying
to prevent its use through the patent system.  This comment reflects
an unfortunate misconception about the patent system.

The purpose of the patent system is to PROMOTE, not inhibit, the
widespread use of inventions.  A principal requirement of the patent
system is that a complete description of the invention be published
in a publically available form (the patent gazette).  In order to
encourage inventors to patent their inventions, they are allowed
up to 34 years (soon to be longer for medical inventions) of
royalties.  The alternative to the patent system is the widespread
use of trade secrets, which would permanently prevent anyone from
using a protected invention at any cost.  If neither form of protection
were available, industrial innovation would grind to a fairly rapid halt.

The patent system might allow an inventor to charge prohibitively high
fees for a license; however, I believe that such fees have previously
been successfully challenged in anti-trust suits; any lawyers that
know specifics please inform us.

Note that in any case the invention is in the public domain after 34 years.