From: hughes@ah.com (Eric Hughes)
Date: Mon, 30 May 94 09:41:32 PDT
To: cypherpunks@toad.com
Subject: Does Estonian RSA chip violate patents?
In-Reply-To: <gate.eH36mc1w165w@dxm.ernet.in>
Message-ID: <9405301648.AA29683@ah.com>
MIME-Version: 1.0
Content-Type: text/plain


   As far as I know, RSA/PKP patents are for _algorithms_, not
   respected outside the US, though patents for RSA/PKP _hardware_
   would be respected worldwide.

The patent on the RSA cryptosystem, whatever its content, only applies
within the USA.  There is no worldwide patent on the RSA cryptosystem.
Activities not in the USA are not relevant to a USA patent.

   I'm not sure how algorithm patents can be applied to hardware -- you may or 
   may not be able to sell this chip in the US _without_ violating patents. 

If the firmware on the chip does RSA, it's covered.  If it merely does
modular exponentiation, it's not.  If the chip has an on-board
programmable microcontroller and no RSA firmware, it's not covered by
the patent, even if software can be loaded into the chip which does
RSA.  The device which loads the code in and which uses the loaded
code, however, would be covered.

   You may even be able to apply for a European patent for the
   hardware, which would then be respected everywhere, except in the
   US where it may be superceded by the algorithm patents.

Supercession like this does not happen.  If there were a patent on the
hardware and a patent on RSA both active in the same jurisdiction,
one would have to obtain license from _both_ patent holders.

Eric