Re: [TLS] [Ietf-honest] Last Call: draft-ietf-tls-extractor (KeyingMaterialExporters for Transport Layer Security (TLS)) toProposed Standard

["Jeffrey A. Williams" <[e-mail]>]

Dean and all,

  No offense Dean but I think you miss read or miss understood my
previous response.  I wasn't suggesting of talking about a prior
filing of a patent or even a patent on a similar product or service,
but the USE of a similar, even confusingly similar product or process
that had or has prior USE AND was never filed for patent protection.
The LAN ham act has yet to be amended as you suggest BTW, although
there has been legislation that would amend the Lanham Act as you
suggest, but it has little support currently.

Dean Anderson wrote:

> On Mon, 27 Jul 2009, Jeffrey A. Williams wrote:
>
> > Wes and all,
> >
> >   Not entirely true here.  First use in commerce supersedes any
> > patent if the person of a product that didn't file a patent for it has
> > used it in commerce before another and can prove such that is
>
> Not under a first-to-file regime, which the US is changing to, and the
> rest of the world uses now. First-to-file will still deny patents on
> established prior art and non-novel inventions, but places limits. I've
> heard variously that any prior-art less than a year prior will be
> excluded from invalidating a first-to-file patent.
>
> One really does have to race to the patent office. And of course, the
> big companies with army of patent lawyers and camps outside the patent
> office will win that race most of the time.
>
>                 --Dean
>
> --
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Regards,

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