Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.2 9/18/84; site utastro.UUCP Path: utzoo!linus!philabs!cmcl2!seismo!ut-sally!utastro!bill From: bill@utastro.UUCP (William H. Jefferys) Newsgroups: net.crypt Subject: Re: RSA cryptographic algorithm patented? Message-ID: <729@utastro.UUCP> Date: Tue, 17-Sep-85 08:13:13 EDT Article-I.D.: utastro.729 Posted: Tue Sep 17 08:13:13 1985 Date-Received: Fri, 20-Sep-85 02:28:06 EDT References: <358@cubsvax.UUCP> <2336@sdcrdcf.UUCP> Organization: U. Texas, Astronomy, Austin, TX Lines: 35 > 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. What does this mean for RSA's chances of getting a European patent? Will it be legal for people to use these ideas in some European countries without paying royalties, but illegal here? Just curious. -- Glend. I can call spirits from the vasty deep. Hot. Why, so can I, or so can any man; But will they come when you do call for them? -- Henry IV Pt. I, III, i, 53 Bill Jefferys 8-% Astronomy Dept, University of Texas, Austin TX 78712 (USnail) {allegra,ihnp4}!{ut-sally,noao}!utastro!bill (UUCP) bill@astro.UTEXAS.EDU. (Internet) Brought to you by Super Global Mega Corp .com