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From: darrelj@sdcrdcf.UUCP (Darrel VanBuer)
Newsgroups: net.crypt
Subject: Re: RSA cryptographic algorithm patented?
Message-ID: <2336@sdcrdcf.UUCP>
Date: Thu, 12-Sep-85 20:35:32 EDT
Article-I.D.: sdcrdcf.2336
Posted: Thu Sep 12 20:35:32 1985
Date-Received: Wed, 18-Sep-85 02:43:41 EDT
References: <358@cubsvax.UUCP>
Reply-To: darrelj@sdcrdcf.UUCP (Darrel VanBuer)
Organization: System Development Corp. R+D, Santa Monica
Lines: 29
Summary: 

In article <358@cubsvax.UUCP> winston@cubsvax.UUCP (Ken Winston) writes:
>One point that seems quite important to me in this discussion hasn't
>been touched on (at least I haven't seen it). That is, how can you patent
>something that's already been published and generally distributed?
>It seems to me that the RSA article preceded by some years the patenting.
>The problem here is: suppose, on obtaining the published paper that I said
>to myself, "This is a great idea, and I develop a commercial product based
>on the paper. Then someone tells me that I'm violating a patent that didn't
>exist when I read the paper and developed my product.

Under US law, publication prior to patent application is not an impediment to
patent (it is under most European patent law).
In any event, patents are awarded to the first to think of the idea (though
proving you did it first can be challenging; you should keep good
notebooks), not the first to apply.  To be awarded a patent, your idea must
be original and nonobvious.  A patent based on an idea you see in open
literature is not likely to be awarded (evidence of being prior art ant not
original).  Under US law, their publication probably aids patentability
since it firmly establishes a date on which they had the idea.

-- 
Darrel J. Van Buer, PhD
System Development Corp.
2500 Colorado Ave
Santa Monica, CA 90406
(213)820-4111 x5449
...{allegra,burdvax,cbosgd,hplabs,ihnp4,orstcs,sdcsvax,ucla-cs,akgua}
                                                            !sdcrdcf!darrelj
VANBUER@USC-ECL.ARPA


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