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Microsoft, Others, File "Stealth" Patents

Posted by timothy on from the on-padded-feet dept.

bobwyman writes "Microsoft and others seem to be filing large numbers of "stealth patent applications" that hide the identify of the "assignee", or owner, of a patent application even though the legal principle of 'Duty of Candor' may legally require them to disclose their interest in the patent. Concealment of patent assignees permits a number of opportunities for fraud in the patent process while also making it more difficult to study patterns of application activity and 'inventiveness.' If not already illegal to conceal assignments, there should be laws written to make it illegal in the future."

3 of 26 comments (clear)

  1. Great point... by GreyWolf3000 · · Score: 3, Insightful
    Since the patent process confers upon those with an interest in a patent an exceptional economic benefit in the form of a legal monopoly, it is particularly important for competitors to be aware when companies who already enjoy an effective monopoly are to augment their monopoly with patents. This is very much the case with a company such as Microsoft that has been ruled, in court, to have an effective monopoly. In such cases, one would assume that practices that might be forgiven others would not be forgiven to the monopolists. Such companies should be expected to have, if anything, an augmented duty of candor when pursuing the legal monopolies granted by the patent process.

    If Microsoft can continue to perpetuate their monopoly vis-a-vis managing content and applications for their platform (e.g. MSN appearing broken to Opera users, or in the more distant past with modifications to Java), their patents will not only be another slap in the face to competition, but will work with other unfair practices for a synergistic effect. They will use their platform to make standard their own quirks and extensions which are either closed-source, or too dynamic to follow; their patents can and will make it effectively illegal to try.

    --
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  2. Oooh, now there's a punishment by freerangegeek · · Score: 4, Insightful

    A proper punishment for illegal abuse of monopoly power could be that you have to surrender all patents granted during the period of abuse to the public domain?

    I know, I'm way off topic....

  3. Re:Whazzat? by Anonymous Coward · · Score: 3, Insightful

    The point of the article isn't that filing without an assignee is fraudulent. The point is that not disclosing who the patent is assigned to makes it hard to discover who has the duty of candor. If you don't know who has the duty, the duty is meaningless since you can't enforce the duty of an unknown person. The ability to hide who has the duty of candor encourages or enables fraud. Makes sense to me. It ain't academic.