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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: [legality of PGP etc.
- Message-ID: <1992Dec26.161722.29454@ulysses.att.com>
- Date: Sat, 26 Dec 1992 16:17:22 GMT
- References: <12.2B394400@purplet.demon.co.uk>
- Organization: AT&T Bell Laboratories
- Lines: 32
-
- In article <12.2B394400@purplet.demon.co.uk>, Owen.Lewis@purplet.demon.co.uk (Owen Lewis) writes:
- > It is disingenuous to suppose that the *national only*
- > patenting was just an unfortunate happenstance. What about the
- > similar lack of international patenting of DES? Has any US
- > organisation ever chosen to seek worldwide patents on ANY
- > cryptographic product?
-
- I think you're speaking from hindsight when you comment on the lack
- of international patent protection for 1970's-vintage cryptosystems.
- Apart from the novelty of attempting to patent something algorithmic
- back then, there was much less awareness of the international market
- in the U.S. That may even include IBM, though their patent division
- is very sophisticated. But they never chose to enforce their DES
- patents, nor even to collect nominal royalties; they may have felt
- that filing foreign patents wasn't worth the (quite considerable) cost.
- If you want, I'll supply the U.S. patent numbers; someone with access
- to the appropriate databases can check whether or not non-U.S. patents
- were ever applied for.
-
- As for your second question -- yes, I know of several instances where
- non-U.S. patents on cryptographic devices have been applied for by U.S.
- companies. One caveat -- NSA (well, the Department of Defense, but
- NSA in reality) is empowered to file secrecy orders against cryptographic
- patent applications, which would block foreign patent applications from
- being filed. Normally, in order to file a foreign application, one has
- to receive what's called a ``blue letter'' from the U.S. patent office.
- A secrecy order can arrive instead... I think it's possible to file
- non-U.S. patents without file domestically first, but at the very least,
- it's much more difficult. There is an international patent convention
- which somewhat simplifies the problem of multiple filings, but it's not
- nearly as automatic as, say, the Berne Convention is for copyrights.
-
-