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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)
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