Does Estonian RSA chip violate patents?

Jyri Poldre <jp@jep.pld.ttu.ee>:
> Recently i became involved in project of designing semi-custom VLSI device 
> for endecryption. The device uses variable length RSA for key exchange and
> IDEA for data encryption. For pipelinig IDEA block we have to use 6
> multipliers 16 bit ant that leaves us with 96 bit adder for RSA calculations.
> ( The chip should be reasonably cheap ). Otherwise the RSA speed would not

As this is in Estonia, I don't suppose you're bothered about the patents?
As far as I know, RSA/PKP patents are for _algorithms_, not respected outside
the US, though patents for RSA/PKP _hardware_ would be respected worldwide.

I'm not sure how algorithm patents can be applied to hardware -- you may or 
may not be able to sell this chip in the US _without_ violating patents. 
(Though you can freely sell RSA hardware or software outside the US.)

You may even be able to apply for a European patent for the hardware, which
would then be respected everywhere, except in the US where it may be superceded
by the algorithm patents.

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Rishab Aiyer Ghosh                                     rishab@dxm.ernet.in
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As far as I know, RSA/PKP patents are for _algorithms_, not
   respected outside the US, though patents for RSA/PKP _hardware_
   would be respected worldwide.

The patent on the RSA cryptosystem, whatever its content, only applies
within the USA.  There is no worldwide patent on the RSA cryptosystem.
Activities not in the USA are not relevant to a USA patent.

   I'm not sure how algorithm patents can be applied to hardware -- you may or 
   may not be able to sell this chip in the US _without_ violating patents. 

If the firmware on the chip does RSA, it's covered.  If it merely does
modular exponentiation, it's not.  If the chip has an on-board
programmable microcontroller and no RSA firmware, it's not covered by
the patent, even if software can be loaded into the chip which does
RSA.  The device which loads the code in and which uses the loaded
code, however, would be covered.

   You may even be able to apply for a European patent for the
   hardware, which would then be respected everywhere, except in the
   US where it may be superceded by the algorithm patents.

Supercession like this does not happen.  If there were a patent on the
hardware and a patent on RSA both active in the same jurisdiction,
one would have to obtain license from _both_ patent holders.

Eric

On Mon, 30 May 1994 rishab@dxm.ernet.in wrote:

> I'm not sure how algorithm patents can be applied to hardware -- you may or 
> may not be able to sell this chip in the US _without_ violating patents. 
> (Though you can freely sell RSA hardware or software outside the US.)
> 

If a PROM, EPROM, EEPROM, ASIC, FPGA etc. contains a program which is
patented or copyrighted, is it hardware or software - is it the same as a
diskette containing the same program code is it the same as a book
containing the code?

-NS

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