[14133] in Cypherpunks

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Re: Graph isomorphism based PK cryptosystems?

daemon@ATHENA.MIT.EDU (smb@research.att.com)
Wed May 25 12:38:24 1994

From: smb@research.att.com
To: bshantz@spry.com (Brad Shantz)
Cc: cypherpunks@toad.com
Date: Wed, 25 May 94 12:32:22 EDT

	 So, if JPP publishes it, it would be a matter of trust that he
	 wouldn't patent it.  Okay, I have no problems with that.  However,
	 it is still patentable.  What could be done to make it unpatentable?

Nothing.  Under current U.S. practice -- and I think non-U.S. as well --
his system is quite patentable.  Furthermore, patent applications in
the U.S. are confidential.  If jpp wants to patent it, he can.  If he
publishes first, he can only patent it in the U.S.  If someone else
has invented it first, they can file for a patent, or try to have jpp's
thrown out if he should file.  (The U.S., unlike the rest of the world,
has a first-to-invent rule for patents.)

But the one thing that's unconditionally barred is someone else filing
a patent on something jpp invents and publishes.

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