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- Newsgroups: sci.crypt
- Path: sparky!uunet!spool.mu.edu!uwm.edu!linac!att!att!dptg!ulysses!ulysses!smb
- From: smb@research.att.com (Steven Bellovin)
- Subject: Re: Legal Stuff!
- Message-ID: <1992Dec25.191804.10559@ulysses.att.com>
- Date: Fri, 25 Dec 1992 19:18:04 GMT
- References: <1992Dec22.092736.21737@netcom.com> <a_rubin.725045922@dn66> <1992Dec25.060924.14629@netcom.com> <1992Dec25.172233.1663@cbnews.cb.att.com>
- Organization: AT&T Bell Laboratories
- Lines: 32
-
- In article <1992Dec25.172233.1663@cbnews.cb.att.com>, jap@cbnews.cb.att.com (james.a.parker) writes:
- > In article <1992Dec25.060924.14629@netcom.com> tenney@netcom.com (Glenn S. Tenney) writes:
- > >35 USC 271 (g)
- > >"Whoever without authority imports into the United States or
- > >sells or uses within the United States a product which is made by a
- > >process patented in the United States shall be liable as an infringer, if
- > >the importation, sale, or use of the product occurs during the term of
- > >such process patent.
- >
- > If the "process" is encryption of plaintext by a public key, then wouldn't
- > the "product made by the process" be:
- >
- > o The public/private key pair, and
- > o Text encrypted by the public key
- >
- > To cover the code, I would expect the statute to say something like, "product
- > incorporating the process," or "product making use of the process". Case law
- > may have (mistakenly, IMHO) extended the law to include this, but the statute
- > listed doesn't seem to say that.
-
- Umm -- there's a legal subtlety here. Note the phrase ``process patent''.
- There are (at least?) two forms of claims that can appear in a patent, a
- ``method'' claim and a ``process'' claim. The difference is a bit fuzzy
- to me, but if you don't claim a process for doing such-and-such, as well
- as, or instead of, the method (which covers the actual apparatus), I don't
- think the quoted clause applies. The question here is whether or not the
- RSA patent has process claims. I don't know, and my copy of the patent is
- in my office, which I don't expect to visit till ~Jan 4.
-
- No, I'm not a laywer, though I sometimes seem to play one on the net.
- But a patent lawyer did explain to me about process vs. method claims;
- if I got it wrong, it's my fault, not his....
-