The irony re the MS patent(s) is that having a patent doesn't necessarily mean your the originator - what it (legally) means is you're the inventor (yes, in today's strange IP world they're not necessarily the same). The novelty issue aside [we've been playing audio files read off a harddisk for years before the iPod] the USPTO largely bases it's "originality" research against searches of the patent database. It should be clear that no patent examiner can be aware of all existing, or potential, new inventions that may precede a newly received application. As the rules-of-engagement in patent applications clearly state, it is the responsibility of the "inventor" to ensure their application does not infringe on prior art.
The problem is that deep-pocketed corporations can get patents thru that are questionable and depend on the intimidating prospects of expensive litigation to keep potential counterclaims away. For those who have concerns that big corporations are trying to monopolize the IP landscape via the patent process, if you have a new idea that you want to promote and don't want to go thru the patent process - publicize it. And publicize it in area where it can be located (archive search). If it can be shown in a patent dispute that the idea existed in the public domain before the submission date then there is a high probability that the patent can be rendered null and void.
Some of us "old guys" know many patents are covering ideas originating years before but have no clear, documented proof of this - and (legally) this can be a problem (in knocking down an "invented" patent claim).
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The irony re the MS patent(s) is that having a patent doesn't necessarily mean your the originator - what it (legally) means is you're the inventor (yes, in today's strange IP world they're not necessarily the same). The novelty issue aside [we've been playing audio files read off a harddisk for years before the iPod] the USPTO largely bases it's "originality" research against searches of the patent database. It should be clear that no patent examiner can be aware of all existing, or potential, new inventions that may precede a newly received application. As the rules-of-engagement in patent applications clearly state, it is the responsibility of the "inventor" to ensure their application does not infringe on prior art. The problem is that deep-pocketed corporations can get patents thru that are questionable and depend on the intimidating prospects of expensive litigation to keep potential counterclaims away. For those who have concerns that big corporations are trying to monopolize the IP landscape via the patent process, if you have a new idea that you want to promote and don't want to go thru the patent process - publicize it. And publicize it in area where it can be located (archive search). If it can be shown in a patent dispute that the idea existed in the public domain before the submission date then there is a high probability that the patent can be rendered null and void. Some of us "old guys" know many patents are covering ideas originating years before but have no clear, documented proof of this - and (legally) this can be a problem (in knocking down an "invented" patent claim).