Talk:International Data Encryption Algorithm: Difference between revisions

Revision as of 12:14, 26 January 2011

Revision as of 20:45, 24 May 2011

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saaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa kabhi mat padhna <span style="font-size: smaller;" class="autosigned">—Preceding [[Wikipedia:Signatures|unsigned]] comment added by [[Special:Contributions/122.160.207.148|122.160.207.148]] ([[User talk:122.160.207.148|talk]]) 07:42, 12 October 2009 (UTC)</span><!-- Template:UnsignedIP --> <!--Autosigned by SineBot-->

== Patent expiration date ==

The [[term of patent in the United States]] has been questioned by [[User:Fgrieu|Fgrieu]] ([[User talk:Fgrieu|talk]]), so I'd like to collect discussion here.

Because the patent was ''filed'' prior to June 8, 1995, when the patent term rules changed, its term is the longer of the two rules:

# (Old rule) 17 years from date of issue. May 25, 1993 + 17 years = May 25, 2010.

# (New rule) 20 years from date of filing. ([http://www.law.cornell.edu/uscode/35/154(a).html 35 U.S.C. § 154(a)]) But the date of filing includes, in some cases, priority dates based on international patent applications (see [http://www.patentlens.net/daisy/KeyOrgs/1236/418/420/422.html Patent Cooperation Treaty]).

One option for the priority date is the date of issue of the Swiss patent (1990-05-18), which would place the 20-year expiration on 2010-05-18, slightly before the "old rule" date.

A second option would be the 1991-05-16 date listed on the [http://portal.uspto.gov/external/portal/pair USPTO Patent Information server] (cookies & captcha required to use) under the "Foreign Priority" tab for the United States. That would place expiration on 2011-05-16, a few days ago.

It all has to do with which subsection of [http://www.law.cornell.edu/uscode/35/365.html 35 U.S.C. § 365] applies. § 154(a)(2) says that a date from § 365(c) ''does'' apply, but § 154(a)(2) says that a date from § 365(a) or (b) does ''not''. I don't really understand this designation thing. Does someone else?

[[Special:Contributions/71.41.210.146|71.41.210.146]] ([[User talk:71.41.210.146|talk]]) 20:45, 24 May 2011 (UTC)