[Random-bits] PATNEWS: A mostly purely mathematical patent claim

[James Love]

Subject: 
         PATNEWS: A mostly purely mathematical patent claim
     Date: 
         Fri, 7 Jul 2000 15:39:13 -0400 (EDT)
    From: 
         Gregory Aharonian <srctran@world.std.com>
 Reply-To: 
         patent-news@europe.std.com
      To: 
         patent-news@world.std.com




!20000707  A mostly purely mathematical patent claim

A patent recently issued for a cryptography method which is a good example
for arguing just how mathematical a claim can be.  The general understanding
is that mathematical formulas/scientific equations can't be patented, an
objection used against software patents for many years by arguing that
software is little more than mathematical equations implemented on a
computer.  As they say, you can't patent "E=mc^2".  So consider then the
following recently issued patent claim, which borders on pure mathematical
number theory:

    6081597
    Public key cryptosystem method and apparatus

    We claim:

    1. A method for encoding and decoding a digital message m, comprising
    the steps of:                                                    

    selecting ideals p and q of a ring R;                                   

    generating elements f and g of the ring R, and generating element Fq
    which is an inverse of f (mod q), and generating element Fp which is
    an inverse of f (mod p);

    producing a public key that includes h, where h is congruent, mod q,
    to a product that can be derived using g and Fq ;

    producing a private key from which f and Fp can be derived;
                                                                            
    producing an encoded message e by encoding the message m using the
    public key and a random element .o slashed.; and

    producing a decoded message by decoding the encoded message e using
    the private key.

This is not that much different from an existence theorem, especially if
restated using more formal mathematics (though the claim seems to be
poorly worded in saying at one point "... and generating element Fp which
is an inverse of f (mod p);" and then for the same Fp saying "producing
a private key from which f and Fp can be derived;" - which seems to imply
that Fp is generated/derived in two different ways in the same claim.
Also, I question having both an encoding operation and a decoding operation
in the same patent claim, operations usually done by two different parties,
neither of whom would infringe the entire claim.

In a networked world, manipulating numbers becomes quite practical and
quite lucrative.  If one can simply claim number theory theorems and
algorithms with so little specification of anything beyond the math
equations, such as in this patent claim, it will surely blur the lines
completely with regards to mathematical equations/scientific theories
patentability.

Greg Aharonian
Internet Patent News Service
-- 
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James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
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