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More Microsoft Patents
An anonymous reader writes "One of the editors of LinuxWorld Magazine has an entry in his blog detailing more patents that Microsoft recently acquired. No, this isn't a rehash of the sudo patent. The new patents include one that seems to patent the use of the keyboard to navigate a web page! See the article here."
I think the problem is not that they don't have a dedicated group of industry experts -- it's that they don't have *enough* people to handle the huge deluge of patents.
I think that another problem with this, too, is that patent disputes are often handled "incorrectly". Instead of disputing patent infringement through courts, I think that all patent-related disputes should be settled through a special (out-of-court) mediation system run by the patent office.
Perhaps I would suggest a system with 3 mediators per "settlement session" -- 2 who are highly-trained, skilled individuals with specific experience in the area of the patent dispute, and perhaps 1 who has some formal judicial experience.
Their jobs would basically consist, on a daily basis, of hearing patent-related complaints. Part of this effort could be funded through fees collected as a result of patent submission. (Hence, to fund this, I recommend that patent application fees be raised by some nominal amount.) That way, even "little guys" can go to this settlement session without having to have legal representation (and having to pay the large fees associated with them).
Of course, there are many other things that would have to be considered in order to implement such a system, but you get the point. I suspect that this "forced arbitrage" would render the patent system a bit "leaner" and less worrisome for the "little guy" who might be threatend by large, enormous patent-wielding multinationals.
No - it will end once they put legislation into place to also punish abuse of patent laws.
(e.g. introduce a blocking period for a company/holding if they introduce an abusive patent; e.g. a patent that clearly violates obviousness restrictions, or patents that have lots of prior art, like the TAB-links patent seems to have; if a company were denied even filing additional patents for a year of so after trying patent abuse, it would definitely put more pressure on the companies to only submit sensible patents; because otherwise they might forfeit the possibility to patent something that might really warrant a patent).
I'd argue that extending the block period to two years (more damaging to the false filers), as well as extending it to all daughter companies would be more effective. Personally I'd like to see a more vendictive clause put in: you file a false patent and three of your existing patents will be placed in the public domain. I don't see that happening, but I'll bet that'd stop this crap cold.
"Mission Accomplished" -- George W. Bush May 1, 2003
You know the sad part is that some historian in 200 years may look through the patent office archives and conclude that microsoft invented the idea.
Maybe this is a good thing. If some of these ridiculous patents try to be enforced by Microsoft, they'll meet with some stiff legal competition. GNU/Linux and OSS in general has a lot more more behind it than most people realize. Attacks of this nature will fail just like all other under-handed attacks have failed. The blessing comes as people realize how silly patents are becoming. Then we'll hopefully see some strong patent reform, or just a removal of the agency all together.
Here's a thought...
Perhaps there could be a law where any company whose patents have more than X amount of prior art then receives an audit of all its patents. Any with Y percent of junk patents are barred from registering patents for Z years.
Of course, any junk patents that are discovered in the Audit are placed in the Public Domain.
The Penguin Producer