DJB's patents page has at least one example of something described in 1976 being independently reinvented and patented in 1990... so mere age won't prevent yet more patents popping up.
Posted Jul 9, 2009 13:22 UTC (Thu) by droundy (subscriber, #4559)
[Link]
But if the algorithm was published 25 years ago, even if there is a more recent patent, it will be trivial to find prior art that even the dullest judge ought to recognize.
DNSCurve: an alternative to DNSSEC
Posted Jul 9, 2009 13:59 UTC (Thu) by nix (subscriber, #2304)
[Link]
Yes, sure... by which point you've already experienced chilling effects from months to years of patent uncertainty, and probably heaps of legal expenses too. Patent attacks work even if the patent is grossly bogus :(
DNSCurve: an alternative to DNSSEC
Posted Jul 10, 2009 9:27 UTC (Fri) by incase (subscriber, #37115)
[Link]
At least in the USA, you mean....
Bad enough though...