I though the other subscribers of this list would find the
attached interesting. I'm not at all surprised that FAQs have
been cited as prior art. I recently submitted a patent
application that cited a number of RFCs, and would have had no
hesitation of citing a FAQ. FWIW, in my law practice, I've relied
on Usenet FAQs more than once to provide me with a basic
understanding of a technology so I would be able to converse with
an inventor more easily.
Disclaimer: I am an attorney, but I am not admitted to practice
before the US Patent and Trademark Office (not yet, anyways). I
do a lot of patent work in my practice; however, it is ultimately
another attorney (who is admitted to practice before the PTO) who
reviews and signs the patent applications I write, and under whose
authority the application is submitted.
For those of you who care about such things and have not
previously seen this email address, I am Terry Carroll, the
maintainer of the Copyright FAQ. I normally post from my private
account (carrollt@netcom.com), but since I subscribe to the Patent
News mailing list on my office account, I'm forwarding it from
there.
Terry Carroll
Attorney at Law
Cooley Godward Castro Huddleson & Tatum
Five Palo Alto Square, 4th Floor
Palo Alto, CA 94306-2155
(415)843-5090 / carrolltj@cgc.com Date: 01/03/1995 07:04 pm (Tuesday)
From: Gregory Aharonian <srctran@worl
To: MIS.CGC_Internet("patents@world.std.com")
Subject: PATNEWS: PTO accepting USENET FAQs are formal prior art
!010394 PTO accepting USENET FAQs as formal prior art
It seems that the US Patent Office is accepting Internet USENET FAQs
(Frequently Asked Questions - periodic postings on USENET groups with
questions and answers) as prior art. As you see in the following entry
from my software prior art database, one of the Other References is to
a cryptography FAQ. If any knows if the European Patent Office is accepting
USENET FAQs, and has an example, let me know.
Thus if an examiner objects to your use of a FAQ as prior art, cite
this patent (NTIPAFCAP*). It probably would be helpful if the PTO came out
with a quick guideline to a consistent way of doing so. I suppose archiving
FAQs is one more thing I can add to my databases.
It's nice to see the PTO embracing part of the Internet, even as it
rejects other parts of the Internet. Eventually, though, the PTO will have
to choose one or the other.
Greg Aharonian
Internet Patent News Service
(for subscription info, send 'help' to patents@world.std.com )
(for prior art search services info, send 'prior' to patents@world.std.com )
(for WWW patent searching, try http://sunsite.unc.edu/patents/intropat.html )
====================
TYP[USPAT]
NUM[5371794]
ASS[Sun Microsystems]
CUN[USX]
ISD[19941206]
CLS[380/21]
ART[222]
LOC[]
GRG[]
TIT[Method and apparatus for privacy and authentication in wireless networks]
ORF[5]
ORFTXT[
Authentication and Authenticated Key Exchanges, Authors: Diffie, Oorschot &
Weiner, Published by Designs, Codes & Cryptography 2, 107-125,
.COPYRGT.1992 Kluwer Academic Publishers.
The First Ten Years Of Public Key Cryptography, Author: Whitfield Diffie,
Reprinted from Proceedings of the IEEE, vol. 76, No. 5, May 1988.
Overview of Cryptology: Summary Of Internet Cryptology Frequently Asked
Questions (Oct. 1992).
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
The Keys To Privacy and Authentication, Publication by RSA Data Security,
Inc., 100 Marine Parkway, Redwood City, Calif. 94065. (Oct. 1993).
Answers To Frequently Asked Questions About Today's Cryptography, Author:
Paul Fahn, RSA Laboratories, 100 Marine Parkway, Redwood City, Calif. 94065
(Sep. 1992).
]
==============================================================================
(NTIPAFCAP* = Not that issued patents are formally citable as precedent).
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