*BSD News Article 5771


Return to BSD News archive

Xref: sserve comp.org.eff.talk:9204 misc.int-property:548 comp.unix.bsd:5819
Path: sserve!manuel!munnari.oz.au!uunet!stanford.edu!agate!ucbvax!virtualnews.nyu.edu!brnstnd
From: brnstnd@nyu.edu (D. J. Bernstein)
Newsgroups: comp.org.eff.talk,misc.int-property,alt.suit.att-bsdi,comp.unix.bsd
Subject: Re: Patents:  What they are.  What they aren't.  Other factors.
Message-ID: <5329.Sep2920.40.4292@virtualnews.nyu.edu>
Date: 29 Sep 92 20:40:42 GMT
References: <1992Sep28.202521.28752@rwwa.COM> <29784.Sep2900.39.5392@virtualnews.nyu.edu> <1992Sep29.161440.415@rwwa.COM>
Organization: IR
Lines: 21

In article <1992Sep29.161440.415@rwwa.COM> witr@rwwa.com writes:
> Taking RSA, if their patent (which I havn't read) attempts to claim
> division of large prime numbers, or something like that, I'd agree, but
> if it claims a ``machine that encrypts data'' using such an algoritym
> then it seems like you are back in the Diamond v. Diehr area.

Diamond v. Diehr has nothing to do with this. In Diamond v. Diehr there
was an actual physical process---curing rubber---and the fact that a
computer was used to control part of the process was, according to the
Supreme Court, irrelevant.

Now, are you saying that all the case law against patents on
mathematical algorithms is useless? That any lawyer can replace
``Pythagorean theorem'' by ``Machine using pythagorean theorem'' and
hence make the theorem patentable? You know, there are court cases
saying specifically that you're not allowed to patent a process simply
by patenting all machines using the process. Somehow I wonder why the
courts would ban patents on ``laws of nature'' if you could still patent
``machine using laws of nature''!

---Dan