Slashdot Mirror
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."
there's a cold front approaching hell and lows are expected to reach 32 degrees Fahrenheit. When asked about this, the dark one said, "It's gotten to the point where 'A snowball's chance' is actually pretty good.
Mr. T pitied this fool on 27 July 1992.
If the USPTO has had so much money taken from it, it obviously isn't a cheap operation to run. If we're in the mode of cutting governmental programs.... wouldn't it be a good idea to just cut the functions that the USPTO has to perform.
For instance - getting rid of software patents, along with biological patents, business-model patents, and the vast majority of method-based patents in general might be a good idea.
We owe it to our children to not force them to owe so many millions in the name of the ownership of ideas. These types of patent management is equivalent to flushing a large portion of our market down the tubes.
Ryan Fenton
They want the EU software patent directive so bad that they pose themself as the 'good guys' at home. So their patent promotors can point to this statement and tell: 'see, we are all reasonable and only want the best'. Don't belive it for a second, their only motivation is to get *their* way through...
Things are bound to get hot in the next three months (because that is the time limit until the EU parliament has to decide what to do) and you will see much more 'double talk' in this respect from other large companies.
http://mjr.iki.fi/texts/patentfund
To Slashdot............Microsoft is evil....
patents are evil too....patent reform is a good thing......
Microsoft WANTS patent reform.............please, someone tell me how to think!!!!
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.
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)?
Perhaps I'm just ignorant, but I cannot think of an instance where Microsoft used one of its patents aggressively against a competitor. It uses them more as a protective shield: as long as it has a patent on something, no small patent company looking to make a quick buck in the legal system will be able to sue them over it. In fact, Microsoft has been known to buy out companies not for the people that work for the company or the products the company has, but solely to get the patents registered to that company. As the article says, Microsoft has lost far more money to patents than it has gained. This, of course, doesn't garauntee that Microsoft will never use its patents agressively in the future; but that is all the more reason to reform the patent system now.
Oh my God, I've accidentally logged onto the Bizarro World Slashdot!
Next there will be stories on why Apple's design sucks, why Open Source will fail, and how SCO is the greatest company in the world. And there will be no story dups!
Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)
http://www.lawrenceperson.com/
A software industry where patenting becomes common in the way copyright is today, even for software not made by Microsoft, is a software industry that is also fundimentally hostile to free and open source software. That medium and large companies can then cross-license means software would operate as a cartel, where those who make it can then choose who else could be permitted or denied the right to produce software.
For the small company, Microsoft's genorosity is a trojan horse. If it becomes easier for small software companies to gain a small patent of their own, then they will still need to negotiate cross licensing deals, for they would not be able to produce anything without access to patents others would then hold. Cross-licensing for patents for a small company under this new regime means surrendering it's patent to the big guys who can then choose to copy it and compete with you, in return for the basic right to even enter the market. Yes, it is also a good way for large and lazy companies to aquire and capture the benefits of R&D of smaller ones.
One thing Microsoft claims in patent reform is claimed to be about getting rid of the pesky underside of sharks, who use one patent wonders to hold larger companies hostage. But consider, after all, if one wishes to be able to be able to openly bully small companies into surrendering their few patents, one must also disarm their potential ability to retaliate, which can actually be possible today even with a tiny patent portfolio and a willingness to not produce products.
In short, this is not patent reform, but patent rape.
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.