Bonum Certa Men Certa

What a Difference Patentability of Software Makes: Microsoft #3 in USPTO, #33 in EPO

Microsoft magnitude



Summary: The sharp contrast between Microsoft's ability to earn a monopoly in the United States and in Europe (still hinged on software patentability)

"Old, but news to me: Domino's Pizza Tracker has a patent pending notice," heralds one person today. How utterly pathetic has the US patent system become?



Fortunately, the absurdity of the US patent system is being investigated and more sites are writing this week about the imminent Bilski verdict [1, 2]. Lawyers like Patent WatchTroll are hoping that everything under the sun will become patented. More business to the lawyers, right? It's lawyers who drive science forward and programmers are just their vassals. Shame on scientists who try to get those patent lawyers out of their way. Shame, shame, shame. [sarcasm hopefully noted here]

Anyway, here are some IPO numbers about patentors:

The Intellectual Property Owners Association (IPO) released its 27th annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that the U.S. Patent & Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to "discourag[e] any perception that we believe more is better."


Watch Microsoft's honourable position. 85% of its patent applications are said to be software patents and IBM's lust shines through as well (although IBM does more hardware). Microsoft climbed over the years not because it becomes more innovative but because it becomes more aggressive. Microsoft is like the nation that overruns its budgets due to excessive armament (think USSR) while those who stay outside the arms race actually make steps forward, hoping that "lunatic states" won't hit them.

Anyway, Microsoft is not ranked highly in Europe, where software patents are hard to pass through (but practically not impossible). A European lawyers' blog shares the EPO's chart, which is probably indicative of Microsoft's inclination/bias towards software patents.

The EPO last week published its statistics on patents applied for and granted in 2009.

[...]

The chart shows a clear decline in granted patents from all major applicant countries, namely Germany, Japan and the US (the chart colours of Germany and the UK are almost undistinguishable, but a look in the corresponding table shows that Germany is the top line. Sorry, UK readers). All together, applicants from Germany, the U.S. and Japan received 61% of the patents granted in 2009. South Korea is the only one of the major filing nations that seems to (almost) hold its number of applications.


Microsoft is in #33 amongst applicants.

in response to those gene patents we have heard an awful lot about recently, here is what a Stanford blog has to say.

The piece, which was originally published in the Financial Times, follows earlier criticism from Nobel laureate John Sulston, PhD, that such patents could be "extremely damaging."


Genes, business methods, and software methods should not be patentable. This system is verging the insane if just about anything becomes someone's monopoly. It breeds litigation, not investigation. It makes no economic sense, let alone scientific sense.

Recent Techrights' Posts

GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025