Re: (Fwd) Re: L5 algorithm patent, and free eval version

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Tej Minhas (tej@JawsTech.com)
Fri, 4 Dec 1998 14:38:07 -0700


Bruce, thank you for the clarification.

Yes, I agree that the word 'accepted' (as appearing in the Jaws press
release fragment cited by Chuck McManis) may be subject to differing
interpretation. Whereas, others may contend that there is no ambiguity, as
they would only confer appropriate meaning if the release had claimed that
the patent had been 'granted'. In the interest of simplicity and
straightforwardness, perhaps 'acknowledgement of receipt of patent
application' may have been a more clear description of the patent status.

I would like to state

PS: I am a newbie to the list and any feedback is welcome.

Tej Minhas
VP Technology
Jaws Technologies Inc
(403) 508-5055

-----Original Message-----
From: Mailing List Distro [mailto:maildist@jawstech.com]
Sent: Thursday, December 03, 1998 11:46 AM
To: Tej_Minhas/Jawstech@jawstech.com
Subject: (Fwd) Re: L5 algorithm patent, and free eval version

Forwarded message:
From: Bruce Schneier <schneier@counterpane.com>
Date: Wed, 2 Dec 1998 19:35:41 -0700
To: Chuck McManis <cmcmanis@freegate.com>, CodherPlunks@toad.com,
 Joey_Roa/Jawstech@jawstech.com, cypherpunks@cyberpass.net
Subject: Re: L5 algorithm patent, and free eval version

At 03:42 PM 12/2/98 -0800, Chuck McManis wrote:
>At 09:46 PM 12/2/98 +0100, Anonymous wrote:
>>Now that L5 has been patented, will you and your colleagues at Jaws
>>Technology make the L5 algorithm details available to the professional
>>cryptography community for independant verification. Could you also
>>provide the Canadian and/or US patent numbers?
>
>L5 has NOT been patented. The company simply announced it had been
>"accepted" which is in itself a non-sequitor since patents aren't
>"accepted." My guess is that the patent was filled and the application was
>"allowed." This means that the information in the patent has passed the
>examiner's preliminary examination for fitness (which is to say it isn't
>one of the things that are disallowed by the patent office.) This actually
>doesn't mean SQUAT since thousands of patents get "allowed" and then
>"returned" because they don't meet more stringent tests such as
>non-obviousness, do what the claims say they do, restate prior art, etc,
>etc. However I do believe that disclosure at this point would be premature
>because some of the things that examiner may ask may require the patent be
>rewritten substantially.

It could mean that a set of claims were allowed. I have been involved in
several patents. Generally, you submit the patent and then a year and a
half later the patent office responds. This is the "first office action."
Sometimes
the claims are rejeted, sometimes some of them are allowed. Then you send
a letter back to the patent office, and maybe draft new claims. Eventually
(there
may be a second office action) a series of claims are allowed, meaning that
they will be included in the patent. It can be another six months before
the
patent issues.

I expect that's what the L5 people were talking about.

Bruce
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