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

Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
 
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day