Patent Reform Is Good for Microsoft

If newly proposed patent legislation becomes law, Microsoft might have to lay off or fire a bunch of lawyers. On Friday, the House passed H.R. 1908, the Patent Reform Act of 2007, setting the stage for major changes in how patents are granted and the limits of infringement. Reform could greatly benefit Microsoft. The Senate has to craft its version, while the White House has raised concerns about ways the bill would change how damages are assessed. The current version is winning praise from the high-tech industry, with Microsoft being one of the bill's cheerleaders.

"Microsoft supports a balanced, effective patent system that drives innovation, opportunity and growth for both inventors and users of technology," said Brad Smith, Microsoft's general counsel, in a statement issued on Friday. "It is Microsoft's hope that the Senate will follow the House's lead by adopting a bill that stimulates innovation by protecting intellectual property in a strong but balanced manner," Smith emphasized

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News source: MS-Watch

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13 Comments

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If anyone has tried to patent an idea, they will know how difficult and expensive
it is. You need to have deep pockets or be a big, clever, innovative company with
expensive intellectual property people working for you, to draw up the patents
to make them water-tight. You also need eyes everywhere, and expensive lawyers
to pursue potential infringement. People seem to think patent infringement is a
"walk in the park". It is not, it's an expensive poker game with big risks and rewards.

Before being accused of Microsoft hatred (as well as a stockholder!)... "I'm Sarticus!"

First to file is ridiculously unfair: the inventor should get the patent he spent the time to come with it!

If some software companyt came up with an original application, and doesn't file it and a second company comes up with the same idea later and does try to patent it only the first one should get it if they can prove they did it first because they did it before the second one!

Here's another idea: don't file at all so everyone can use it and no one is paying forced royalties for the product.

If the House version of the bill becomes law, first inventor to file rather than first to invent would be the criteria for granting patents. Such a change could be hugely beneficial to Microsoft, which would be in a better position to increase its patent portfolio. A first-inventor-to-file system would in many ways redefine what is prior art.
Sounds like this allows any group with a fast patenting department to patent other people's ideas that they didn't come up with, then the law would invalidate the true inventor's prior art by saying "sorry, you didn't get the paperwork in first".

I don't see how this would benefit anyone except those with legal teams that pump out patent applications like crazy (even on ideas that don't originate with their company).

This part:

Another dramatic change, which the White House opposes, would limit the scope of patent damages to the value of the technology in the dispute rather than the whole product.
sounds like a good idea to me. Seems fitting that the current administration opposes it. :worried:

markjensen said,
Sounds like this allows any group with a fast patenting department to patent other people's ideas that they didn't come up with, then the law would invalidate the true inventor's prior art by saying "sorry, you didn't get the paperwork in first".

It's how the patent system works in most of the countries, Mr MS-hater.

chilliadus said,
It's how the patent system works in most of the countries, Mr MS-hater.

Please find one post of mine that pronounces hatred toward Microsoft.

Seriously. I am tired of people who don't even know me saying I hate Microsoft (probably because they see that I use Linux.). And to make this even more fun, I am going to find some of my past posts where I have made jabs at Linux. It sounds like you are the one with a chip on the shoulder here.

EDIT: Two jokes at Linux expense. Neither of them even take a swipe at Microsoft.
http://www.neowin.net/forum/index.php?show...#entry588786194
http://www.neowin.net/forum/index.php?show...#entry588358310
How are you doing on your search?

chilliadus said,
It's how the patent system works in most of the countries, Mr MS-hater.


So that makes it OK that the person who actually invented something shouldn't have the rights to its patent?

markjensen said,
Seriously. I am tired of people who don't even know me saying I hate Microsoft

I've been in the forum long enough to know your stance in various MS-related issues.

chilliadus said,
I've been in the forum long enough to know your stance in various MS-related issues.
A nice way of saying that you can't point to anything to substantiate your personal attack on me.

markjensen said,

Please find one post of mine that pronounces hatred toward Microsoft.

Seriously. I am tired of people who don't even know me saying I hate Microsoft (probably because they see that I use Linux.). And to make this even more fun, I am going to find some of my past posts where I have made jabs at Linux. It sounds like you are the one with a chip on the shoulder here.

EDIT: Two jokes at Linux expense. Neither of them even take a swipe at Microsoft.
http://www.neowin.net/forum/index.php?show...#entry588786194
http://www.neowin.net/forum/index.php?show...#entry588358310
How are you doing on your search?

apple iphone ringtones news comments

Joseph21 said,
apple iphone ringtones news comments :)
Ummm... Which one are you talking about, because I certainly wasn't spouting Microsoft hatred there at all!

I totally agree with you Mark, on this one. Particularly your first quote from the article.


Here's how it would help Microsoft more than anyone else on the market. Microsoft HAS, and will continue to infringe on other's inventions and developed software. They've been sued, how many times now? Still in courts I believe over quite a few.....

This law, if passed.... would allow Microsoft to see someone else's hard work in development or in action, find out if it's been patented yet... and if not, STEAL the idea right then and there and rush it thru the patent process.

Legal Theft.

and..... at the same time, continue to develop the necessary technology to prevent others from doing that to them.


For the rest of you Pro-MS individuals, it's seriously time for you to stretch your thought process beyond the desktop. Microsoft has never been angelic, and they never will be. They have more reasons to back this change then they are allowing you to believe.... but those that think outside the box, can see right thru this as if it were made of glass.

If MS is signing your paychecks, well... then it's obvious your fortitude has a sales price.