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

Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
 
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025