Microsoft, Others, File "Stealth" Patents

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."

Comments

Not fraud

[Anonymous Coward]

As a patent attorney, I read this post with interest. However, the opinion expressed about Microsoft "fraudulently" hiding its ownership of a number of patents is simply not correct. There is no requirement to provide assignee information. When you pay the issue fee, there is a box where you can enter information about the assignee. If you leave the box blank, the assignee name is not printed on the patent. Even if a patent is printed with an assignee, the patent can be re-assigned. However, the Patent Office does not re-print the patent. While the Patent Office has a system for recording assignments on microfilm, recordation is not a requirement. The fact that government agencies are required to promptly forward assignments for recordation does not mean that private entities must do so. Although it may be in the "public interest", it is not a legal requirement. The fact that foreign patents list the name of the assignee is because, in most other countries, the assignee is the applicant. In the U.S., the inventors are always the applicant, regardless of whether the application has been assigned. The duty of candor relates to actions during prosecution of the patent. For example, if you become aware of relevant "prior art," you have a duty to disclose it to the patent office. I could see one scenario where someone filed a continuation application and falsely claimed that it was commonly assigned. That could be a duty of candor problem. However, that is not the situation here. The bottom line is that there is no "fraud" if Microsoft chooses not to identify its ownership of a patent.