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

European Patent Office (EPO) Series: Legal Concerns and Suspicions of Irregularities
complaints submitted to OLAF
GAFAM and IBM Dying in Massive Debt, Hence the Mass Layoffs (Increasingly Silent Layoffs That the Media Fails to Mention)
the integrity of this economy is only as good as its leaders or those who govern the market
SLAPP Censorship - Part 134 Out of 200: What "Majority Rules" Tell Us About the Litigant
we press on with this series
Overshoot Day Sites That Contribute to the Problem
Some of these are not even accessible (at all) without JavaScript
As Expected, Facebook Collapses, Microsoft Hides Massive Debt
GAFAM is a giant mountain of debt
Staff of EPO Cautions Against Unlawful Weaponisation of PIPs Against Industrial Actions That Protest Corruption
PIP-like sanctions against anybody who does not toe the line of Cocaine King?
 
More Fake News From (and for) IBM, Nobody Ever Held Accountable for Fraud
Companies that turn a blind eye to their own corruption end up recruiting more corrupt people and sacking those who object to the corruption
Links 30/07/2026: Smol Document Server and More PalmOS-ing
Links for the day
Links 30/07/2026: Microsoft Refuting Its Own Slop Hype and "Amazon Is Gutting Its Hey Hi (AI) Division" (GAFAM Bubble)
Links for the day
Today The Register MS Published "AI" Spam and Fake Article by "Senior Technical Marketing Engineer"
unethical practices
Cult inquiry parliament leak fallout
Reprinted with permission from Daniel Pocock
Techrights Will Always Protect Sources
Our #1 priority is sources
The Era of Silence
So stay silent, remain hidden
TheLayoff.com Deletes Comment That Called IBM's Previous CEO, Ginni Rometty, "Gin 'n Tonic"
It is hard to believe the comment was deleted for being a duplicate (in another thread)
The Mainstream Media Continues to Overlook or Intentionally Ignore Hundreds of Billions in Hidden/Secret Microsoft Debt
the issue is that Microsoft's crisis is a lot greater and broader than this
Microsoft May Have Gotten Rid of 8% of Its Workforce This Month
It's hard to know what's really going on because there's no transparency due to NDAs
Links 30/07/2026: "Age of Irrationality", Google Losing Money, and "House of Ellison is on the Brink"
Links for the day
Gemini Links 30/07/2026: Homeworlds Notes and Manuscript Submitted
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026
At The Register MS "PARTNER CONTENT" Means Company Writing Fake Articles About Itself and Its Own Products
At The Register MS, content-farming has become a thing
IBM, Running Out of Things It Can Sell, is Selling Software Patents
IBM is not just pathetic; it's actively harmful because it lobbies for software patents and spreads software patents around
Gemini Links 29/07/2026: Star Trek, Retirement, and ODEs in GNU Octave
Links for the day
Links 29/07/2026: "BuzzFeed Lays Off 33 Percent of Remaining Staff" (Trying LLM Slop Some More), Scam Altman Mocked by the Media
Links for the day
GNOME Curated and Censored by IBM (Under the Guise of "Code of Conduct")
Felipe Borges (IBM) has just posted a follow-up
Digital Mass Surveillance as a Hallmark of Failed Societies
"small leap forward in tech ethics"
I Found a Typo, Don't Vote!
Social control media isn't good at adding any meaningful signal
Jeremy Sands Explained the Harms of Codes of Conduct
next week the 500th show milestone [is reached]
Tonight's Earnings Report From Microsoft and Facebook ('Meta') Will be Faked Because They Hide Almost a Trillion Dollars in Debt
The US economic system is only as honest as the people who govern it
The Vacuum Syndrome
Parables help
The Only Old People Who Can Survive IBM Are the CEO and His Circle of Enablers
very similar to what's happening at the EPO
The 'Church' of Moglen/Stallman
'reunion' with Eben Moglen
Microsoft Layoffs Aren't Done Ahead of the Need to Tell Shareholders About "Efficiency" (Tonight)
Microsoft layoffs won't be "Done" until what's left of Microsoft is "None"
Microsoft Lacks Growth. Ahead of 'Results' The UK's Competition and Markets Authority (CMA) Finds Merit in Allegations Slop is Microsoft's Excuse for Price Hikes (Piggybacking Vendor Lock-in).
At this stage it's not hard to see why many nations gravitate away from Microsoft
Parliament leaks confidential cult inquiry witness contact list (COFG Victoria)
Reprinted with permission from Daniel Pocock
Troll-Feeding is Time-Wasting
in social control media
WordPress is Technical Debt
There are a number of technical tasks underway and maybe some testing (this coming weekend or later)
Will Red Hat Still Exist in 2027 or Just Become a "Brand" at IBM?
Whistleblowers told us IBM was laying off about 500 Red Hat engineers earlier this year
Call for IBM Whistleblowers
If you work for IBM and have something material (like balance sheets) to prove financial misconduct, please try to 'touch base' and establish a secure communication channel we can both use
EPO Series on EU and Pan-European Corruption, Vote-Rigging, Extending Beyond the EPO Itself
By Saturday it will be August already, so we'll start preparing for Rianne's birthday
SLAPP Censorship - Part 133 Out of 200: Lies by Omission
As usual, the other side wants people to ignore how much they lost
European Patent Office (EPO) Series: Streamlining the Decision-Making Process
Negrão was one of 17 applicants for the position but he somehow managed to end up as the sole candidate on the shortlist prepared by the Management Board in June 2020
Links 29/07/2026: "Hugging Face Has a Deepfake Nudes Problem" and "$1.5B Anthropic Copyright Infringement Ruling" (Plagiarism is Not "Training")
Links for the day
Comments on Today's Judgment
It hopefully helps clarify what actually happened
Microsoft Has Fallen to #3 in Singapore
There are many technically talented people in Singapore or overseas workers who lodge in Singapore
Thank You, Andy
Burnham and "Tech Rights"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part II - 77 Messages Sent, Did Not Even Investigate or Examine Any of the Actual Evidence (British Taxpayers' Money Wasted)
SRA has become known (even notorious) for inaction
Inevitable Politics
In technology, provided the work you do has growing impact (we served almost 2 million requests yesterday), things will inevitably become more political - whether you like it or not does not matter
Not Only "Loonies Take on Farage"
pretending that the opposition to the right wing is "Loonies"
Brigading Against Women - Part I - Bypassing the Legal System by Threatening Companies in Another Continent
In the next part we'll begin to connect Lozza's online activities (and court activities) to those of Garrett
IBM is Trying to Turn Debt (Borrowed Money) Into Fake Growth and It'll Worsen Matters
they put in their balance sheets a fake "growth" in something that does not even exist
Microsoft Relies on Misleading Narrative of Studios Going 'Independent'; in Reality There Are Mass Layoffs in Them
This is not a good narrative for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 28, 2026
IRC logs for Tuesday, July 28, 2026
Gemini Links 29/07/2026: Arosa, Tired Tuesday, and Constellation Browser
Links for the day
In IBM, PIPs and RAs (Layoffs) Have Become Almost the Same Thing, Workers 'Expire' With Age (Seniority, Experience) and Empathy is Punishable by Termination
IBM does seem like a dead company
At Microsoft, PIPs Are Sometimes Known as "LITE" (a Silent Layoffs Legal Hack or a Shrewd Workaround to Skirt WARN Act)
Zero "layoffs" to report
Gemini Links 28/07/2026: “Strategies Against Algorithms” and DIYers
Links for the day
"Social Dialogue" With the Man Who Never Faced Real Competition at the European Patent Office (EPO), He Buys the Voters and Eliminates Rivals
Will the "Pretender" write back?
Digital Restrictions (DRM) and Microsoft: What Kills XBox Will Kill Windows Next
Microsoft wrongly and very arrogantly assumed that users would tolerate everything it throws their way
GNU/Linux in Afghanistan Reaches 7%
For many years it was stuck at less than 1%
Greenwashing Corruption With a "Chief Sustainability Officer", Who Infamously Defended Battisetelli's Crimes at the EPO and Petitioned for Him
She was rewarded for conspiring against EPO staff, as usual
What I Explained to Police About Blackmail and Death Threats via Burner Accounts (a Practice Which Generally Constitutes a Crime)
Today I've communicated several times with police
Links 28/07/2026: "People’s Claude Chats Are Publicly Accessible Online" and SpaceX Stock Crashes Like Its Products
Links for the day
UK tech sector missing from democratic process
Reprinted with permission from Daniel Pocock
How Not to Cover Elections (Democracy Relies on Reliable, Complete Information)
Misinformed voters are a recipe for disaster
Microsoft E.E.E. (and "Bait and Switch") Going Exactly According to Plan
That is what they are trying to tell us and the companies that employ us
IBM: An Old Company That Hates Old People
Remember that's coming to Red Hat workers in 2 months
Strict Policy on Violence and Violent Language
This matter is now being escalated to law firms
Avoiding Discrimination Against People With Disabilities
work underway to improve the system which runs the sites
Links 28/07/2026: XBox DRM Doomed Everyone (Cannot Play Anything), Slop (Ponzi Scheme) Being Pinkwashed Now
Links for the day
Gemini Links 28/07/2026: Ethics, GIMP Script-Fu, SMTP Versus Gemini, and Proposal for Better TOFU
Links for the day
To a Sociopath, Ethical People Are Bad People. Don't Fall for It.
If you put sociopaths on a pedestal, the pedestal will break
Improving the Static Site Generator
Our system has fixes triaged
Diversity in Debian
bringing up the topic is the real problem, diversity itself is a taboo subject
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026