> From: Will Price [mailto:[EMAIL PROTECTED]]
>
> Can anybody provide insight into the question of exactly when the RSA
> patent expires beyond just September 20?
>
35 USC 154(2) says the term shall begin on the date on which the patent
issues and ending 20 years from the date on which the application for the
patent was filed in the United States... (conditions are given for earlier
effective filing dates-like contionuations etc.-, and for extensions). I
take this to mean that a patent is good for 20 years, ie, enforceable,
whereever IT is. Thus, if the 20 years is up in England, and you are in
California where the date is still active, it is still enforceable there.
Remember, a patent is just like property, whereever the property is, a court
in that jurisdiction will recognize it.
Similarly, if a patent runs out on a particular date, all a person need do
is wait until the beginning of the next day where HE is to use it (because
the courts in the jurisdiction where the person is, control). However, care
should be taken to not use the patent in a jurisdiction where the patent is
still active.
-Michael Heyman
