Bonum Certa Men Certa

Patents Roundup: Why Microsoft's Patents Are Useless; More Patent Failure News

Summary: More 'stolen' ideas get patented by Microsoft while the USPTO shows its weaknesses

EVERY once in a while it is worth reminding everyone that numeric counts of patents mean too little if the quality of the patents is low and thus they are simple to invalidate.



Microsoft was never known for innovation, no matter how much it repeated the word "innovation". Since its early days, Microsoft's modus operandi was to "copy the product that others innovate, put them into Windows so they can't be unplugged, and then give it away for free," to quote Oracle's chief, Larry Ellison.

Microsoft is known to have copied Lotus (see antitrust exhibits which shows that they systematically do this with other products too) and then patented this copying of features. That too is just so typical when it comes to Microsoft. Here is Microsoft patenting the "emotiflag", which is not Microsoft's invention at all. From the news:

Microsoft wins 'emotiflag' patent, despite Lotus Notes precedent



[...]

A few years ago, Microsoft made headlines for seeking a patent on the email "emotiflag" -- an emoticon, chosen by the sender, that appears along with the subject line in the recipient's inbox. The application was controversial because the idea was actually introduced years earlier as "Mood Stamps" in Ray Ozzie's Lotus Notes.


As Scientes puts it, "USPTO fails to do a simple web search for prior art, gives Microsoft invalid patent."

Network World (IDG) asks, "Why would Microsoft patent a 'butt hinge with butt straps'?"

You can look for yourself in the U.S. Patent and Trademark Office database: Patent No. 5,819,372; inventor: Robert D. Magoon, Duluth, Ga.; assignee: Microsoft Corporation, Redmond, Wash.

I asked Microsoft's public relations department at the time but they were unable to assist.

Then life moved on.


Microsoft has been actively engaged in brainwashing (indoctrinating) children so that they become fans of patents.

“Microsoft has been actively engaged in brainwashing (indoctrinating) children so that they become fans of patents.”One of our readers brought to our attention a Web site called "Invent Now"

"It's like a "patent Kool-Aid kit" for children," explains the reader, adding that it "seems to be sponsored by the UPSTO."

To quote from the parental section: "Teachers, inspire your students through problem-solving exercises, exploration, creativity and the inventive process. At the same time engage them in learning about the intellectual property protections of patents, trademarks, copyrights, and trade secrets."

"I think the whole purpose of this site is to push patents now that they're being questioned," opines our reader.

There are many other interesting posts and articles about patents this week. Here is a sample of some that are more relevant:

No Patents for Circuits? Since You Insist...

I love this argument:
Arguments against software patents have a fundamental flaw. As any electrical engineer knows, solutions to problems implemented in software can also be realized in hardware, i.e., electronic circuits. The main reason for choosing a software solution is the ease in implementing changes, the main reason for choosing a hardware solution is speed of processing. Therefore, a time critical solution is more likely to be implemented in hardware. While a solution that requires the ability to add features easily will be implemented in software. As a result, to be intellectually consistent those people against software patents also have to be against patents for electronic circuits.



[...]

Since software is just algorithms, which is just maths, which cannot be patented, and this clever chap points out that circuits are just software made out of hardware, it follows that we shouldn't allow patents for circuits (but they can still be protected by copyright, just as software can.)


The Fact That A Credit Card Is Patented Is A Selling Point?

In the (snail) mail this week I happened to get an ad for the Visa Black Card, which Visa is pitching as "exclusive," though I'm guessing that exclusivity is mostly based on finding enough suckers to pay a $500 annual fee for the card.


D Ravi Kanth: A Trips-plus agenda at WIPO

Those who cannot remember the past are condemned to repeat it’ is a timely reminder for key actors who are bent on pushing failed agendas. As governments and multilateral institutions struggle to recover from a pervasive crisis of confidence stemming from the current political and economic climate, it is important to not make the same mistakes all over again. But the tendency is to cock a snook at such warnings.

[...]

Internally, the abrupt removal of Ram Kishan Singh, a junior official, who worked for nine years in the organisation with an outstanding record and the proposed reforms in the staffing pattern raise serious questions whether developing country officials are specific targets in the onward march of a renewed western IP agenda at WIPO!


In China And India, Stronger Intellectual Property Is Unnecessary

Stronger intellectual property may also be unnecessary in another way. Although they are promoted as a tool for enhancing economic competitiveness, readers of Techdirt will know that their effectiveness is, at most, questionable. In the 1980s, there was a boom in American patenting activity, seemingly corresponding with changes to intellectual property laws that were made in response to worries about diminishing national competitiveness (Dahlman 2001). A measure of useful innovation, Total Factor Productivity, should have increased accordingly with the rise in useful, novel and non-obvious inventions, but this has not been the case (Boldrin 2008), providing compelling evidence that, contrary to common usage, patent activity is not equitable with economic benefits.


Costly Drugs Known as Biologics Prompt Exclusivity Debate

For starters, whatever the exclusivity period, biologic drugs would also continue to be protected from copycats by patents. And in many cases, the patent protection would last longer than the exclusivity period, making the Congressionally mandated exclusivity a moot point.

Genentech’s Avastin, for instance, has patent protection until 2019 — 15 years after the drug’s 2004 approval by the F.D.A. The company’s breast cancer drug, Herceptin, has patents that extend 21 years from its 1998 approval.


Another bad day for IP auctions as first ICAP sale hits record low

I have just heard the results of the first ICAP Ocean Tomo IP auction, held this afternoon in Chicago. According to the reports I have had, a total of just over $1.5 million was raised, excluding buyer and seller premiums. This is lower than any amount raised at any Ocean Tomo auction and is comfortably less than the approximately $2.75 million generated in San Francisco in March - which itself was seen as pretty disastrous.


Has Google Forgotten Celera?"

One of the reasons I wrote my book Digital Code of Life was that the battle between the public Human Genome Project and the privately-funded Celera mirrored so closely the battle between free software and Microsoft - with the difference that it was our genome that was at stake, not just a bunch of bits.


Patent unrest is very high these days, and not just in the field of software.

Comments

Recent Techrights' Posts

Big Trouble in GNOME
even GNOME people admit the CoC went wrong
New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
 
Things Get Increasingly Nasty at Microsoft Ahead of the Fake Results and May's Mass Layoffs Wave
They try to get people to 'resign' so that they won't count as layoffs and the company's 'wellbeing' will seem better
IBM's Debt Ballooned by 8.5 Billion Dollars in Just 3 Months!
Hallmark of a company in a state of disarray, trying to spend its way out of trouble
Serial Sloppers Are Killing the Web (They Probably Don't Care, Either)
Slop is a disease on the Web
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025
Open Source Initiative (OSI) Promoting Microsoft and Proprietary Software Using Microsoft Operatives
Because nothing says "Open Source" like GPL violations facilitated by Microsoft
Another Site Bites the Dust: "Open Source For You" Becoming a Slopfarm (LLM Slop)
What a shame. Another dead site.
Links 23/04/2025: Crackdowns on Dissent, Palin Loses Libel Retrial Against New York Times
Links for the day
Links 23/04/2025: Hard Times and Digital Amnesia
Links for the day
The GNU/Linux Site Formerly Known as "linoxide.com" is Back... as an LLM Slopfarm!
Better for linoxide.com to go offline than to do this
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Richard Stallman to Speak in Oxford University Exactly a Day From Now
outsourced to GAFAM
Links 23/04/2025: "Hiding Corruption" and "The Cost of Defunding Harvard"
Links for the day
Microsoft 'Studies' Again? Leon Musolff is Writing Papers With Microsoft.
Even if one can see/find a link to "the study" (in the Bezos-controlled publication), most people won't look any further and just take everything at face value.
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
statCounter Helps Visualise Just How Deep in Trouble Microsoft is (Especially in Africa)
Microsoft sabotaged efforts to connect Africans and equip them with GNU/Linux laptops
The Register is Using Linux-Hostile Clickbait in Articles of Linux Proponents
Don't be a "whore" to advertisers, team El Reg
Microsoft Windows in Cyprus Lacking a Future
Most people access the Web there from mobile
Matrix Has a Severe Problem With Illegal Images
If Matrix cannot get the CP problem under control, many projects and people will dump Matrix
Never Try to Justify Strangulation of Women (Not in the US and Not in the UK)
Joint post by Mrs. Rianne Schestowitz and Dr. Roy Schestowitz
Links 23/04/2025: Tesla Profits Plunge 71%, Intel Ready to Lay Off 20% of Staff, Microsoft and IBM Layoffs
Links for the day
Microsoft's Most Profound Issue is That People Moved to 'Mobile' and "App Stores" (Microsoft's Presence There is Negligible)
Expect a wild ride for Microsoft this year
Google News is Amplifying FUD and Lies About Linux (and OpenSSH/SSH) by Promoting Slopfarms With Machine-Generated FUD and Slop Images
Google should know better
Gemini Links 23/04/2025: Librarians, Anubis, and Refactoring a Gemini Capsule
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 22, 2025
IRC logs for Tuesday, April 22, 2025