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

[Dean Anderson <[e-mail]>]

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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