Bonum Certa Men Certa

What a Difference Patentability of Software Makes: Microsoft #3 in USPTO, #33 in EPO

Microsoft magnitude



Summary: The sharp contrast between Microsoft's ability to earn a monopoly in the United States and in Europe (still hinged on software patentability)

"Old, but news to me: Domino's Pizza Tracker has a patent pending notice," heralds one person today. How utterly pathetic has the US patent system become?



Fortunately, the absurdity of the US patent system is being investigated and more sites are writing this week about the imminent Bilski verdict [1, 2]. Lawyers like Patent WatchTroll are hoping that everything under the sun will become patented. More business to the lawyers, right? It's lawyers who drive science forward and programmers are just their vassals. Shame on scientists who try to get those patent lawyers out of their way. Shame, shame, shame. [sarcasm hopefully noted here]

Anyway, here are some IPO numbers about patentors:

The Intellectual Property Owners Association (IPO) released its 27th annual list of the top 300 organizations receiving U.S. patents. Patent Docs Readers may recall that the U.S. Patent & Trademark Office stopped releasing its annual list of top patent recipients in 2006 in order to "discourag[e] any perception that we believe more is better."


Watch Microsoft's honourable position. 85% of its patent applications are said to be software patents and IBM's lust shines through as well (although IBM does more hardware). Microsoft climbed over the years not because it becomes more innovative but because it becomes more aggressive. Microsoft is like the nation that overruns its budgets due to excessive armament (think USSR) while those who stay outside the arms race actually make steps forward, hoping that "lunatic states" won't hit them.

Anyway, Microsoft is not ranked highly in Europe, where software patents are hard to pass through (but practically not impossible). A European lawyers' blog shares the EPO's chart, which is probably indicative of Microsoft's inclination/bias towards software patents.

The EPO last week published its statistics on patents applied for and granted in 2009.

[...]

The chart shows a clear decline in granted patents from all major applicant countries, namely Germany, Japan and the US (the chart colours of Germany and the UK are almost undistinguishable, but a look in the corresponding table shows that Germany is the top line. Sorry, UK readers). All together, applicants from Germany, the U.S. and Japan received 61% of the patents granted in 2009. South Korea is the only one of the major filing nations that seems to (almost) hold its number of applications.


Microsoft is in #33 amongst applicants.

in response to those gene patents we have heard an awful lot about recently, here is what a Stanford blog has to say.

The piece, which was originally published in the Financial Times, follows earlier criticism from Nobel laureate John Sulston, PhD, that such patents could be "extremely damaging."


Genes, business methods, and software methods should not be patentable. This system is verging the insane if just about anything becomes someone's monopoly. It breeds litigation, not investigation. It makes no economic sense, let alone scientific sense.

Recent Techrights' Posts

The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
 
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day