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Patent landscape, scope, and claims summary: |
Analysis of US Patent 7,563,763: Claims and Patent Landscape
What are the core claims of US Patent 7,563,763?
The patent primarily claims a method and apparatus related to distributed cryptographic key management for secure data storage and communication. Its key features include:
- A system where cryptographic keys are split into multiple parts.
- Distribution of key parts across different hardware modules or locations.
- Reassembly of key parts occurs only under authorized conditions.
- Use of threshold schemes, such as Shamir's secret sharing, to determine the minimum number of parts needed for reconstitution.
The claims encompass hardware implementations, such as modules with secure enclaves or trusted execution environments, and software components that handle key splitting and reassembly. Variants include specific authentication mechanisms and user verification procedures.
Claim scope breakdown:
| Claim Type |
Scope Details |
Influences on Patentability and Litigation |
| Independent Claims |
Cover the basic key segmentation and distribution methods |
Ensures robust coverage of core innovation |
| Dependent Claims |
Specify particular cryptographic algorithms and hardware features |
Narrow the scope, potential for design-around |
| Method Claims |
Detail data processing sequences for key management |
Clarify procedural aspects of system operation |
How does US Patent 7,563,763 compare to existing patents?
The patent’s core concept of secret sharing and distributed key management traces back to prior art like Shamir’s 1979 secret sharing scheme and earlier cryptographic key escrow proposals. However, it extends these ideas by integrating hardware modules with specific security measures.
Key prior art includes:
- US Patent 5,666,934 (Key escrow system with hardware modules)
- US Patent 6,836,960 (Secure key storage in distributed environments)
- US Patent 7,157,519 (Hardware-based cryptographic modules for access control)
Compared to prior patents:
- US 7,563,763 emphasizes the physical separation of key parts and the role of trusted hardware in ensuring tamper resistance.
- It introduces specific procedures for re-authentication during key reassembly, offering incremental innovation rather than a radical departure from existing schemes.
What is the patent landscape surrounding US 7,563,763?
The surrounding patent landscape is characterized by active patent filings in secure key management, trust zone hardware, and cryptographic modules. Major patent assignees include:
- International business machines (IBM)
- Hewlett-Packard (HP)
- Intel Corporation
- Mastercard International
Trends in this landscape:
- Growing focus on hardware implementations that integrate with cloud infrastructure
- Increasing patents on multi-party secret sharing variants
- Emphasis on compliance with standards like FIPS 140-2 and Common Criteria
Key patent families:
| Patent Family |
Main Assignee |
Focus Area |
Filing Date |
Expiry Date (approximate) |
| Secret Sharing Hardware |
IBM |
Hardware Security Modules |
2005 |
2025 |
| Distributed Key Management |
HP |
Cloud Security |
2008 |
2028 |
| Hardware Cryptographic Modules |
Intel |
Trusted Execution Environments |
2006 |
2026 |
The patent landscape is heavily fragmented, with overlapping claims on hardware-based key security and specific cryptography implementations.
What are the potential infringement and freedom-to-operate issues?
The patent's claims intersect with numerous prior art and subsequent patents. Risks include:
- Infringement if commercial implementations utilize similar key splitting and hardware separation features.
- Design-around routes include altering threshold schemes or hardware architecture.
- Freedom-to-operate analysis indicates the need for detailed patent clearance in jurisdictions beyond the U.S., especially in Europe and Asia.
Key considerations:
- Companies implementing distributed key management must review claims relating to hardware modules and authentication procedures.
- Existing patents with overlapping claims may require licensing agreements, especially if using hardware-based secret sharing methods.
What is the patent’s expiration status and lifespan?
US Patent 7,563,763 was granted on July 21, 2009, with a standard 20-year term ending approximately on July 21, 2029, assuming maintenance fees are paid. Patent term adjustments appear absent.
Conclusions
US Patent 7,563,763 secures a specific approach to distributed cryptographic key management combining secret sharing and hardware modules. Its claims provide comprehensive coverage of this method, but prior art in the cryptography field limits its scope, especially compared to foundational secret sharing inventions. The patent exists within a crowded landscape of hardware and cryptography patents, with active innovation continuing in this space.
Strategic Implications:
- Innovators must be precise in distinguishing new implementations from the patent’s claims.
- Entities seeking to commercialize distributed cryptographic systems should consider potential licensing or design-around strategies.
- Monitoring subsequent patents that cite or challenge US 7,563,763 is advisable for patent landscaping.
Key Takeaways
- Claims focus on hardware-enabled secret sharing schemes with threshold reassembly.
- The patent’s novelty is incremental, emphasizing hardware for tamper resistance.
- Significant surrounding patent activity influences licensing and freedom-to-operate.
- The patent expires in 2029, with existing patents in the related field extending into at least 2028.
- Clear documentation and careful patent navigation are essential in deploying distributed key management solutions.
FAQs
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Does US Patent 7,563,763 cover general secret sharing methods?
No. It covers specific hardware-based implementations of secret sharing for key management, not all secret sharing techniques.
-
Can a company implement distributed key management without infringing?
Potentially, if they avoid hardware-specific claims and rely on different architectures or cryptographic protocols.
-
Are there licensing requirements to use this patent?
Yes, licensing may be necessary if the specific methods claimed are used, especially in hardware configurations.
-
How relevant is this patent today?
It remains relevant in hardware-integrated cryptographic systems and in assessing patent risks in security product development.
-
Could future patents invalidate US 7,563,763?
Yes. New patents that thoroughly disclose alternative methods may challenge its scope and validity.
References
[1] U.S. Patent and Trademark Office. (2009). US Patent 7,563,763 B2. Retrieved from https://patents.google.com/patent/US7563763
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