Microsoft Calls For Patent Law Change

Elektroschock writes "According to an article of IDG/Infoworld Microsoft calls for a reform of the US patent system . Last month Microsoft Denmark started a backfiring PR campaign to influence the European debate in favour of software patents. Critics of Microsoft often claim that MS was behind the EU lobbying and wanted software patents to kill open source. While it is true that lobbying took place, persons deeply involved in the debate are more cautious to affirm real business interests of Microsoft. In a CeBIT debate today it was concluded that the MS monopoly would not exist with today's software patenting in place back in 1985. Some highly influential stakeholders with real business interests are often forgotten: patent professionals and the patent offices. What if there was no evil MS conspiracy behind all those patent plans? Microsoft General Counsel Brad Smith is very concerned of submarine patents and patent trolls for Microsoft's business. He said patent reform should begin at home."

Comments

Re:Don't trust the source

[dragmorp]

Ack. I need to fix the formatting:

Ok... You did mention one case where a dumb patent was applied for.

The developer responsible for the application has actually expressed regret that he was involved in it. He mentions that patents like that are necessary to use to defend against patent suits from other parties. A sort of strategy of mutually assured destruction.

But... name one time that Microsoft has ever initiated a patent lawsuit against a competitor. I don't think they ever have.

So it seems to me that you can defend against other companies with a patent portfolio, which is what Microsoft tries to do with its silly patent applications. But to defend against a company that is nothing but a patent lawsuit factory (Eolas), you need actual patent reform.

It seems pretty consistent and non-evil to me.

Wouldn't fix the problem

[NigelJohnstone]

They're suggesting:

Dropping the fee for small businesses applying for patents. I don't think that helps, patents are worthless protection, its the *lawsuits* protecting the patented idea that cost the money not the patent application. Without the lawsuits a patent offers no protection at all.

Patent office to focus on quality not quantity. The problem I have with this is how is the patent office supposed to determine if software is new and novel. i.e. I think they're patenting rubbish simply because they don't know all the prior art available. Its all closed source and cannot be determined.

Microsoft are complaining about the patent situation in the USA *after* the vote in Europe. Before the vote they held shows for the Commission showing how innovative they are and for all the mentions in this story their lobbyists were there.

So I doubt they're angels here.

Re:I think we can trust the source

[NutscrapeSucks]

Not just Eolas. Microsoft was also on the recieving end of a successful patent suit from Apple Computer not that long ago (ending in the "investment" which "saved Apple", or so the Apple&MS spin went).

Futhermore, MS believes their main competitor is IBM, who happens to be the king of patents, making $billions from enforcing them. And there's no reason to believe that IBM are nice guys here -- they're current enforcing their "GIF" patent against SCO, even though everyone just assumed it was invalid. IBM *could* go after the entire industry with this patent or many others.