[28090] in cryptography@c2.net mail archive
Re: Chinese WAPI protocol?
daemon@ATHENA.MIT.EDU (leichter_jerrold@emc.com)
Wed Jun 14 21:02:35 2006
X-Original-To: cryptography@metzdowd.com
X-Original-To: cryptography@metzdowd.com
From: leichter_jerrold@emc.com
To: blp@cs.stanford.edu
Cc: cryptography@metzdowd.com
Date: Wed, 14 Jun 2006 17:57:59 -0400
| > The specification is secret and confidential. It uses the SMS4
| > block cipher, which is secret and patented. [*]
|
| "Secret" and "patented" are mutually exclusive.
Actually, they are not. There is a special provision in the law under
which something submitted to the patent office can be declared secret.
You as the inventor are then no longer allowed to talk about it. I think
you are granted the patent, but it cannot be published.
This provision has been applied in the past - we know about it because
the secrecy order was later (years later) lifted. I don't believe
there is any way for someone on the outside to know how many patents
may have tripped over this provision.
Needless to say, this is a disaster for you if you are the patent
applicant and want to sell your product. But there isn't much of
anything you can do about it. I'm not sure what happens to the term
of a patent "hidden" in this way.
The above description is of US law. It's likely that similar provisions
exist in other countries.
-- Jerry
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