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Re: Irony of RSA Encryption



This is not legal advice, no attorney-client relationship is established, etc. etc.

Sorry about the delay in responding...been away

From: Raul Miller <moth@debian.org>
To: Chloe Hoffman <chloehoffman@hotmail.com>
CC: debian-legal@lists.debian.org
Subject: Re: Irony of RSA Encryption
Date: Mon, 18 Sep 2000 06:07:08 -0400

Raul Miller <moth@debian.org> wrote:
> >Sure -- in the case of U.S. patents, they're only good for 20 years
> >after they're issued. [But remember that they also cover the period
> >between the time they're filed and the time they're issued, and this
> >period can cover a number of years.]

On Sun, Sep 17, 2000 at 04:27:47PM -0400, Chloe Hoffman wrote:
> Just a correction. U.S patent term is now, upon issuance, 20 years from the
> filing date of the patent. It used to be 17 years from the date of
> grant/issuance.

While that's true, if I remember right it's irrelevant in the context
of RSA.  [Wasn't the RSA patent filed around some time around 1976 then
issued in 1980 under the 17 year rule, then automatically extended to
20 years when that law was passed?]


Just to clarify...When the U.S. moved over to 20 years, patents could have the longer of 17 years from grant or 20 years from the filing date. Either way not, 20 years from issue (unless it got some sort of term extension in special circumstances).


> Also, the patent is only effective from grant - no liability for
> infringement before issuance of the patent while it moves through
> the U.S. Patent and Trademark Office. Soon, when publication in
> the U.S. goes into effect, there will be a right to "reasonable
> compensation/royalty" (something like that - I don't have the wording
> around) for the period after publication (almost always 18 months from
> the filing date) of the patent application and issuance of the patent.

Hmm...

Since Legi-Slate went out of business, I've not known of an easy way of
finding out the status of new laws.  [And, in this case, it looks like
my memory has gotten the better of me.]  I don't suppose you know of a
web site that tracks such things?


Unfortunately I don't but the U.S. Patent and Trademark Office site has lots of info on these new changes (which are now in effect or go into effect very soon). Take a look in the Patents section at www.uspto.gov.

[I know, I can always visit the library, except right now I'm about 800
miles from the library I might normally use.]

Thanks,

--
Raul

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