Re: Exact time/date of RSA Expiration
For crying out loud, "De minimis non curat lex." For legal purposes, I can't see anyone getting in even token trouble over a matter of a minute, an hour, a time zone, or a day. But the *party* is the important thing.
RE: Exact time/date of RSA Expiration
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
Re: Exact time/date of RSA Expiration
Meyer Wolfsheim wrote: Since the patent went into effect Midnight, Sept. 20, 1983, EDT, logic would dictate that at the stroke of midnight on Sept 20, 2000, you would be able to post such things. Next you need a legal definition of "stroke of midnight". 00:00:00 Sept 20? 00:00:01 Sept 20? 00:00:00 Sept 21? 00:00:01 Sept 21?
Re: Exact time/date of RSA Expiration
On Mon, 24 Jul 2000, Will Price wrote: Can anybody provide insight into the question of exactly when the RSA patent expires beyond just September 20? Does that mean that previously infringing software can be made available *on* September 20 or on September 21? Is there a particular time of day on September 20 when this takes effect? Is this expiration Eastern Time for the Patent Office or Pacific Time for RSADSI? In other words, could such things be posted at midnight Eastern on September 20? Note that I am not a lawyer, but... Since the patent went into effect Midnight, Sept. 20, 1983, EDT, logic would dictate that at the stroke of midnight on Sept 20, 2000, you would be able to post such things. Also note that the patent lists the three inventors as Massachusetts residents. I can't imagine that the current physical location of RSADSI would impact the patent expiration date. Your best course of action would be to consult a lawyer who deals with these issues, however. -MW-
