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Microsoft Calls For Patent Law Change

Posted by Hemos on from the changing-understandings dept.

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."

4 of 324 comments (clear)

  1. European Anti-Software Patent Bribe Pledge Drive by topla · · Score: 5, Interesting

    http://mjr.iki.fi/texts/patentfund

  2. Thank you, Microsoft. by k98sven · · Score: 5, Interesting

    Straight from the horse's mouth:
    "The system has to work for everybody," said David Kaefer, director of Microsoft's IP Licensing Program. "It's only a system that works for the largest companies."

    I'm sure this quote will come in handy.

  3. Prior Art? by GFunk83 · · Score: 5, Interesting

    How about reform in which USPTO case workers (or whatever they may be called) are educated as to how to go about searching for prior art (particularly, but not limited to, in the tech space)? Also, whatever happened to patents only being licensed when the product is clearly demonstrated (that is, instead of patenting an *idea* for a product)?

  4. problem is... by SQLz · · Score: 5, Interesting

    The patent office doesn't think it needs to reform. I'm from Arlington, I know two lawyers who work at the patent office and both of them specialize in software patents.

    First, they believe they are doing our country a service by protecting the 'inventors' of the software. You can't tell them otherwise. Bringing up things like prior art just pisses them off. According to them, prior art is not their responsibility, its the responsibility of the person filing the patent to show any prior art. They don't have 'time' to be hunting around the for this so called 'prior art'. If they grant an invalid patent, let the courts sort it out. Its the courts job to validate and rule on prior art.

    Second, they don't need to have software development experience to approve software patents because all they do is look through an internal database see if key things are already patented. If it is not, boom, granted.

    So, I don't think we're going to see patent reform any time soon, especially when they don't want to be reformed.