Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part XIII: A Global 'IP' Player

Previous parts:



Microsoft monopolies
Microsoft patent families worldwide by filing year from 1999 to 2018



Summary: "Although the company's own proprietary Windows Phone operating system was a complete commercial flop, it was reported in 2013 that Microsoft was in line to make as much as USD 3.4 billion from patent licenses relating to Android phones."

In this part we will focus our attention on one specific aspect of Microsoft's activities which is a cause for concern in relation to its newly-acquired role in driving the EPO's "digital transformation process".



To cut directly to the chase, what we are talking about here is Microsoft's prominent position as a global IP player, in particular in the area of patents.

"Back in those days Bill Gates liked to tell his staff and anybody else who cared to listen that software patents are typically used as anti-competitive devices by large corporations like IBM to reinforce their dominant position in the face of the threat posed by smaller companies."It wasn't always like that.

In the early 1990s, when the company's annual revenues had just crossed the billion-dollar threshold, Microsoft held around five patents.

Back in those days Bill Gates liked to tell his staff and anybody else who cared to listen that software patents are typically used as anti-competitive devices by large corporations like IBM to reinforce their dominant position in the face of the threat posed by smaller companies.

Before long Microsoft's revenues and profits had started to rise dramatically. By the mid‑1990s its annual revenues were USD 8.7 billion, and profits had risen to USD 2.2 billion.

By then, Microsoft owned about 100 patents, still a tiny number compared to IBM's tens of thousands.

The patents which Microsoft held at that time were not really the foundation of its commercial success. The company only started to build up a patent portfolio in a gradual manner after it had come to regard patenting as a business "necessity" and had acquired the financial resources to be able to afford it.

At some point in time that is difficult to pinpoint from the outside, Microsoft radically changed its policy on patents, upgrading them from a mere "necessity" to a major "strategic opportunity".

According to Florian Müller, author of "No Lobbyists As Such - The War over Software Patents in the European Union", this change in policy was primarily due to the perceived threat of Free and open-source software, especially the GNU/Linux operating system.

To see how things stand with Microsoft these days it is helpful to turn to the statistics published by the World Intellectual Property Organisation (WIPO) in Geneva for the WIPO-administered Patent Cooperation Treaty (PCT) procedure, a unified procedure for filing patent applications and which offers the possibility to seek the grant of a patent in each of the 153 PCT contracting states.

Microsoft ranking
WIPO figures for US-based PCT applicants



The figures published by WIPO for the US put Microsoft in third place in the list of the top 10 US applicants using the PCT procedure. In recent years, the software behemoth from Redmond has been filing well over a thousand PCT applications annually: 1,476 in 2018, 1,370 in 2019 and 1,529 in 2020.

It's no big surprise to find that Microsoft is also a leading player in the patents game on its home turf in the US.

USPTO 2020
Microsoft ranked fourth in the list of top 10 US patent recipients in 2020



For example, at the start of this year it was reported that Microsoft was ranked fourth in the list of top 10 US patent recipients in 2020 with 2,905 granted patents. This was slightly less than the figure for 2019 when Microsoft received 3,083 granted patents from the USPTO.

Microsoft vs Amazon
US Patents granted to Microsoft: 3,083 in 2019 and 2,905 in 2020



Over on the other side of the Atlantic, official figures from the EPO confirm that Microsoft is also quite active as a patent applicant in Europe.

For example, figures released in March 2020 reveal that Microsoft tied with Apple for first place in the list of the EPO's top 10 applicants in the field of computer technology.

Microsoft EPO patents



In the list of the EPO's 25 largest applicants (by number of patent filings) across all technical fields Microsoft came in at number 14.

EPO applicants



It hardly needs to be pointed out that a multinational corporation like Microsoft is not engaged in the patents game just for fun.

There is serious "moolah" involved as can be seen from Microsoft's lucrative Android patent licensing agreements, including its "billion dollar a year" deal with Samsung.

Although the company's own proprietary Windows Phone operating system was a complete commercial flop, it was reported in 2013 that Microsoft was in line to make as much as USD 3.4 billion from patent licenses relating to Android phones.

In addition to Samsung, Microsoft also managed to get Foxconn, the world's largest contract electronics OEM, Nikon, ZTE , and numerous other Android OEMs to pony up by persuading them that it would be preferable to pay patent royalty "Danegeld" to the software Vikings of Redmond than to risk being overwhelmed by potentially ruinous litigation.

It's no coincidence that the term "patent troll" has cropped up from time to time in reports about Microsoft's aggressive approach to "monetizing" its Android patent portfolio.

In 2011 a technology analyst at Citigroup estimated that Microsoft was getting USD 5 per Android handset sold by phone maker HTC under a patent agreement, and that it was looking for up to USD 12.50 per phone from other handset makers in deals still under negotiation.

Microsoft never confirmed those estimates, but neither did it publicly question them.

However, not everybody was convinced that the licencees and their customers were getting value for money from these deals.

In October 2014, Florian Müller expressed scepticism about the quality of Microsoft's Android patent portfolio suggesting that only a relatively small number of the patents which it held were likely to be sufficiently robust to stand the test of litigation.

Shortly afterwards a dispute between Microsoft and Samsung concerning the "billion dollar a year" Android deal became public when it was revealed that Microsoft was suing Samsung for USD 6.9 million in unpaid interest.

Samsung initiated arbitration proceedings and in February 2015 it was reported that both parties had reached an amicable settlement.

The facts outlined above leave no room for doubt that the patent royalties game is a lucrative business for multinational corporations like Microsoft.

And it is also quite clear that the software behemoth from Redmond is a serious player in this arena both on its home turf in the US and on a global level.

This in turn raises the question as to whether it is appropriate for a company with a profile like this to be allocated a key role in providing IT services to a major regional patent examination and granting authority such as the EPO.

We will consider this question in more detail in the next and penultimate part of the series.

Recent Techrights' Posts

Links 05/05/2026: "Republicans Made Children More Expensive" and "Internet Blackouts" Cripple Economies
Links for the day
What "Age Verification" Laws Are About
We know based on experience (even predating the Web) that kids will find workarounds, so such restrictions are difficult to enforce
SLAPP Censorship - Part 67 Out of 200: Graveley and Garrett Claims Against My Wife and I Assert 'Distress', But It Was Just a Copy-Pasted Template (Mechanical Crocodile Tears)
Can barristers charge 10,000-15,000 US dollars (about $1,000-1,500 per page!) to do such shoddy, sloppy work?
 
The Register MS Published Fake Article That Mentioned "AI" Almost a Dozen Times. It Got Paid to Do This.
If you keep seeing the term "AI" quite a lot in the media, be sure to check who pays for it
Links 05/05/2026: Germany, Depression, and Control of Online Discourse in Geminispace
Links for the day
Microsoft Lunduke Has a Serious Problem: He's Fronting for Sites That Insist on Exposing Children to Pornography
He's even contradicting himself a lot
Unsustainable 'Tech' (Debt) Giants Rely on US Taxpayers for Bailouts and Subsidies
In the past 6 months Oracle and Amazon alone borrowed over 100 billion dollars
Future-Proofing Techrights
2 days from now this site turns exactly 19.5 (years)
Microsoft is Waning Like IBM
There will be lots of "ex Softies" or "former Microsofters" out there
Chatbots Are Not Replacing Web Search, But They Contaminate Results
People still value pages written and curated by humans; they use search engines to find these
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 04, 2026
IRC logs for Monday, May 04, 2026
Links 05/05/2026: Energy Crises, Data Breaches, and Journalists Murdered
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XIII - Health and Safety With Cocaine
That they are trying to approach us (the President's own family) is a sign of weakness
Codecs and Software Patents - Part I - The 2026 Status Quo
It's frustrating to see how little (almost none) media coverage exists for these sorts of matters
Gemini Links 05/05/2026: ASCII Chessboard Without HTML and Ongoing Antenna Migration
Links for the day
Links 04/05/2026: Economics of Slop Discredited, Democrat and Republican Voters Want Cuts to Data Centres
Links for the day
IBM's "FutureNow" is the Rebranding of the Client Innovation Center (CIC), for Lobbying Purposes by IBM While Halving People's Salaries
So says a new comment
Libera.​Chat Openly and Publicly Admits It Has an LLM Slop Problem (Chatbots in Its Channels)
If there's a policy that bans chatbots (not humans), there's even a moral imperative for it
Microsoft: Yes, We Are Losing Windows Users and Yes, We Have Problems With Payroll (So We Lay Off Essential Workers)
From what we can gather, "hey hi" is now the name of everything at Microsoft
Ubuntu.com While Ubuntu.com is Under DDoS Attack and Intermittently Offline Due to Windows Botnets: Don't Use Ubuntu, Use Windows Instead
Unbelievable, as this is their advice when Windows zombies hammer away at their Web site and general infrastructure
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026