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Article #6781Re: rpem: RSA patent questions
From: Steven Bellovin
Date: Fri, 17 May 1991 16:59
Date: Fri, 17 May 1991 16:59
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5220 bytes
Let me clarify the structure of patents. WARNING: I am not a lawyer, and I don't want to be one, ever. The following is based on my understanding of some conversations I've recently had with a patent attorney. I could be wrong about some or all of this. In fact, before I posted the article about the #include patent, I went back to him to check on one key point and discovered I was completely wrong. So -- take what I say with as much NaCl as you wish... First, it's necessary to understand the philosophy behind a patent. A patent is a grant of a limited-term monopoly in exchange for teaching the world what you know about your invention. The *intention* of the patent system is to encourage you to publish things, rather than keeping them secret. (We can debate endlessly whether or not it actually accomplishes that; thank you, I'd rather not, especially in sci.crypt.) Patents can be granted for (more or less) anything that is (a) new, (b) non-obvious ``to one skilled in the art'', and (c) useful. That said, a patent contains two major parts. The first is, more or less, a technical paper that describes everything you know about the invention. If you omit critical details here, your patent can be thrown out -- you haven't taught everything important about the subject, and hence have committed a kind of fraud: you haven't kept your end of the bargain with the Patent Office. (In fact, if you come up with something that's not quite worth patenting -- patenting something is an expensive process -- you can publish it through the Patent Office to prevent anyone else from ever trying to patent it. The advantage of publishing there, as opposed to in some journal, is that it's much more likely to be found by someone else trying to file a patent.) The second major part is a series of claims. These delimit exactly what you are saying is new, i.e., what you have invented. Note that that is not necessarily obvious from the first part, which of necessity will include a lot of background material. The claims are written in an obscure dialect of legalese, and are very difficult to interpret. (To be sure, there are arcane requirements in the first part. For example, diagrams must be submitted on 8"x11.5" paper. No, that's not a typo, at least not on my part -- I speculate that it's actually a typographical error that's been enshrined into law. The lawyer was not amused when I likened that to the hobbits' custom of requiring wills to be signed by seven witnesses, using in red ink.) It is quite possible that the RSA patent itself contains a claim sufficiently broad as to cover Rabin's algorithm. I haven't checked, and I won't -- thank you, I've got better things to do than to decode that much lawyerspeak; that patent has 40 claims! If Rabin's algorithm is a non-obvious extension to RSA, it would be eligible for a patent, too -- but you'd need licenses from both patent holders to use it. Claims are generally drafted as broadly as possible -- you want to make sure anyone who does something close to what you've got is stepping on your patent's toes. Thus, if you come up with something that involves squaring a number, you'll talk about squaring in the description, and maybe even explain why cubing is too expensive -- but the claims will probably say ``any exponent'', and then you'll have subsequent claims that say ``the system of claim 1 using an integer exponent'', and ``the system of claim 2 using the integer exponent 2''. What you'll build and sell will rely on using ``2'' -- but if someone finds a nifty way to use ``3'' while otherwise using your idea, you want to be sure you can collect royalties. Btw, if I recall correctly, one of those patents cited claims the basic concept of public-key cryptography. If so, and if that claim is upheld, *any* public-key system would require a license from RSADSI. Two more legalistic notes. First, patents are presumed to be valid. If you're challenging a patent in court, the burden of proof is on you. Second, *knowing infringement* of a patent is much worse; damages can be doubled or trebled, I believe. You may or may not like the public-key patents -- but given that letter, if you go ahead and release your system, and if you lose in court, you're liable for serious bucks, because you have been warned. --Steve Bellovin
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1038e3,c9c33f46c00840ee,start X-Google-Attributes: gid1038e3,public X-Google-Thread: 1025b4,c9c33f46c00840ee,start X-Google-Attributes: gid1025b4,public X-Google-Thread: fb57f,3639b4bbe55518aa X-Google-Attributes: gidfb57f,public X-Google-ArrivalTime: 1991-05-17 12:49:28 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!ucbvax!ulysses!ulysses.att.com!smb From: smb@ulysses.att.com (Steven Bellovin) Newsgroups: sci.crypt,gnu.misc.discuss,misc.legal Subject: Re: rpem: RSA patent questions Keywords: RSA patent rpem Message-ID: <14818@ulysses.att.com> Date: 17 May 91 16:59:31 GMT References: <1991May16.201709.3086@msuinfo.cl.msu.edu> Sender: netnews@ulysses.att.com Lines: 73