Google Finally Speaking Up About Problems With Patent System

from the good-for-them dept

Back when Google first put forth its stalking horse bid for Nortel's patents, the company explained its position by basically dancing around the issue of just how ridiculous patents had become. It made it clear that it was looking to buy the patents for defensive purposes, but couldn't bring itself to really condemn the problems of the patent system. Some patent system supporters have tried to claim that this was actually Google realizing the value of patents.

Of course, to many of us, it demonstrated the exact opposite. Google was demonstrating the ridiculousness of the patent system by showing that it was ready to pay billions not for the "innovation," but to avoid wasteful lawsuits. Of course, in the end, the patents went to a coalition of companies that didn't include Google, and it seems likely that we'll start seeing them in litigation pretty quickly. Even then Google was pretty quiet about its opinion on patents.

That seems to be changing. The company's General Counsel spoke with TechCrunch's MG Siegler and finally seemed willing to say what's widely known in Silicon Valley: that patents do the opposite of encouraging innovation and they represent a tremendous tax on innovation:

"A patent isn't innovation. It's the right to block someone else from innovating... Patents are government-granted monopolies... We have them to reward innovation, but that’s not happening here."
Nothing exactly earth shattering, but it's nice to see Google finally willing to come out and state the obvious, rather than holding back. Now, if only our elected officials would listen.

38 Comments | Leave a Comment..


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  1.  

    if only...

    icon
    maclizard (profile), Jul 26th, 2011 @ 1:56pm

    Hold on, are you implying that elected officials can in fact listen? I thought the only reason people got elected was to shut them up.

    reply to this | link to this | view in thread ]

  2.  

    Did you hear that?

    icon
    Mike42 (profile), Jul 26th, 2011 @ 1:58pm

    That's the sound of all the patent lawyers switching to Bing!


    AAAnnnd switching back after their first search returns garbage.

    reply to this | link to this | view in thread ]

  3.  

    Remove the government

    identicon
    Donv69, Jul 26th, 2011 @ 2:00pm

    Google should just remove all government websites from its index until the government listens.

    reply to this | link to this | view in thread ]

  4.  

    No more lawsuits

    icon
    Robert Doyle (profile), Jul 26th, 2011 @ 2:10pm

    I think if Google really wanted to make a point they could simply refuse to sue people for infringing on their patents.

    I'm not saying to stop filing them - credit where credit is due - but to truly take the high road and refuse to pursue people/companies in that manner.

    They should still talk about it and this community should still report on it, simply to highlight how much damage could be done.

    Plus, the hit to the legal community's pocket would be worth it.

    Or better yet, send only interns to court when they get sued. Show some true disdain for the ridiculousness of the whole thing.

    reply to this | link to this | view in thread ]

  5.  

    Re: Remove the government

    icon
    Hephaestus (profile), Jul 26th, 2011 @ 2:14pm

    Bing copies some of Google's results from what I remember. So that would be a double whammy.

    reply to this | link to this | view in thread ]

  6.  

    Re: No more lawsuits

    identicon
    Anonymous Coward, Jul 26th, 2011 @ 2:16pm

    Your last idea seems more in line with Google's sense of humor seeing as they decided to bet pi on those patents.

    I expect though that as much as they hate it, a good defence includes a good offense

    reply to this | link to this | view in thread ]

  7.  

    Re: No more lawsuits

    identicon
    Anonymous Coward, Jul 26th, 2011 @ 2:16pm

    Your last idea seems more in line with Google's sense of humor seeing as they decided to bet pi on those patents.

    I expect though that as much as they hate it, a good defence includes a good offense

    reply to this | link to this | view in thread ]

  8.  

    Re: No more lawsuits

    icon
    :Lobo Santo (profile), Jul 26th, 2011 @ 2:23pm

    ... and who is Google suing over patent infringement?

    reply to this | link to this | view in thread ]

  9.  

    Re: No more lawsuits

    identicon
    Anonymous Coward, Jul 26th, 2011 @ 2:25pm

    Or better yet, send only interns to court when they get sued. Show some true disdain for the ridiculousness of the whole thing.

    Showing disdain toward a judge is not the most economically effective way to show disdain for a law.

    reply to this | link to this | view in thread ]

  10.  

    Re: No more lawsuits

    icon
    Chris Rhodes (profile), Jul 26th, 2011 @ 2:28pm

    I think if Google really wanted to make a point they could simply refuse to sue people for infringing on their patents.

    Such as who? Who should they "stop suing"?

    reply to this | link to this | view in thread ]

  11.  

    Sure government officials listen

    icon
    wizened (profile), Jul 26th, 2011 @ 2:28pm

    Government officials listen as soon as you put your money in the coin slot. The more money you insert the more attentively they listen.

    reply to this | link to this | view in thread ]

  12.  
    icon
    ken (profile), Jul 26th, 2011 @ 2:34pm

    Our current patent system is destroying innovation, jobs, and billions of dollars. True creativity is being destroyed by endless litigation. Nothing is developed now that does not generate lawsuits from patent trolls.

    reply to this | link to this | view in thread ]

  13.  

    Re: if only...

    identicon
    Anonymous Coward, Jul 26th, 2011 @ 2:42pm

    ... elected officials can in fact listen?


    Every elected official always listen to anyone who makes a big enough campaign donation.

    You want access? Pay up. It's that simple.

    reply to this | link to this | view in thread ]

  14.  

    1 - 5 years max on patents

    icon
    ken (profile), Jul 26th, 2011 @ 2:47pm

    Patents lasting for 20 years might as well be perpetual because any technology from 20 years ago is long obsolete. How many people are still using 20 year technology besides the music biz and their cd's?

    Patents should last no more than 1 - 5 years and they should be absolutely specific. If you aren't actively developing a patent you should lose it after one year and be subject to lawsuits for the damages done to those who would have used it.

    reply to this | link to this | view in thread ]

  15.  

    But what about Android (with reference to Microsoft)?

    icon
    Prashanth (profile), Jul 26th, 2011 @ 2:47pm

    That's cool that Google is doing this, but the fact that Microsoft is extorting Samsung over alleged patents covering Android technologies still sickens me; so when is Google actually going to stand up to Microsoft, Apple, et al regarding this patent extortion over Android?

    reply to this | link to this | view in thread ]

  16.  

    Re: Re: No more lawsuits

    icon
    The eejit (profile), Jul 26th, 2011 @ 3:01pm

    I think they mean that Google should be willing to license patented works of their own for a small fee and GPL licensing, instead of actually suing.

    reply to this | link to this | view in thread ]

  17.  

    Re: 1 - 5 years max on patents

    icon
    The eejit (profile), Jul 26th, 2011 @ 3:02pm

    Correction: 12 months from submission to prototype, or you lose it. THEN, for a successful prototype, you get 2 years to get it to market.

    reply to this | link to this | view in thread ]

  18.  

    Re: Did you hear that?

    identicon
    Anonymous Coward, Jul 26th, 2011 @ 3:04pm

    or porn, bing returns lots of porn if you turn off safe search

    reply to this | link to this | view in thread ]

  19.  

    Re: Re: Re: No more lawsuits

    identicon
    Anonymous Coward, Jul 26th, 2011 @ 3:06pm

    i think his point is they already dont sue anyone

    reply to this | link to this | view in thread ]

  20.  

    Is Intellectual Ventures A Crook?

    icon
    Rick Martin, Patent Attorney (profile), Jul 26th, 2011 @ 3:07pm

    Visit the public PAIRS system at USPTO and check patent application serial number 11/173,990 and the Third Party Submission 37 CFR 1.99 dated 9/18/2007.That was me. Nathan had filed 35 patents on a nine year old idea of offering free printed photos in exchange for printing ads on the photos. Sort of print "Alpo" on your tie, then Alpo pays for your printed photo for the privilege of keeping their name in your family photo album forever.How was it that IV could not find half a dozen killer references but little me did? Was Nathan trying to monopolize an entire advertising method with 35 fraudulently obtained patents? The USPTO Finally Rejected this case after six years.Big Money with Bad Patents are Bad for America. NPR should rewind their reporters to describe why these smelly tactics are not cause to tear down the patent system.

    reply to this | link to this | view in thread ]

  21.  
    identicon
    HothMonster, Jul 26th, 2011 @ 3:09pm

    I dont know why we dont just keep reporting on the patent given to toast like 10 years ago (or the hundreds of other toast patents) until people realize how god damn stupid the whole system is. It was something like "process for thermally enriching bread," and I believe was a mention during the This American Life episode discussed earlier today.

    reply to this | link to this | view in thread ]

  22.  

    Re: Re: Did you hear that?

    icon
    Mike42 (profile), Jul 26th, 2011 @ 3:10pm

    Note to self... :)

    reply to this | link to this | view in thread ]

  23.  

    Re: Re: Re: No more lawsuits

    icon
    Chris Rhodes (profile), Jul 26th, 2011 @ 3:13pm

    Google already doesn't sue over patents, and they also have a habit of buying up patents and then giving people irrevocable rights to them.

    reply to this | link to this | view in thread ]

  24.  

    Re: Re: Did you hear that?

    icon
    Some Other Guy (profile), Jul 26th, 2011 @ 3:54pm

    Since that is the best advert for Bing I've ever heard, I feel I must accuse you of being a paid Microsoft blog-shill :)

    reply to this | link to this | view in thread ]

  25.  

    This American Life - Patent edition

    icon
    James D (profile), Jul 26th, 2011 @ 4:03pm

    This week's episode focuses on patent trolls and the famous IV:

    http://www.engadget.com/2011/07/26/this-american-life-tackles-patent-trolls-lives-to-broadcas t/

    reply to this | link to this | view in thread ]

  26.  

    Fixed That

    icon
    Derek Kerton (profile), Jul 26th, 2011 @ 4:31pm

    "We have them to reward innovation, but that’s not happening here."

    We have them to *stimulate* innovation, but that, too, is not happening here.

    reply to this | link to this | view in thread ]

  27.  

    We’ve Heard This Before

    identicon
    Lawrence D'Oliveiro, Jul 26th, 2011 @ 6:10pm

    The lawyer who coined the term “patent troll” is now working for Intellectual Ventures (the world’s biggest-ever patent troll) as their chief counsel.

    Basically, small(er), growing companies quite rightly see patents as a nuisance and an obstacle to innovation. But once they become big and established, they begin to appreciate the point in using patents from the other side, to hold back new, up-and-coming competitors.

    Google’s attitude now is similar to Microsoft’s in the early 1990s: by many measures already a big company, but still with plenty of room for growth, so it still values hanging on to the startup mentality. Once it has reached the limits of its own growth opportunities, you will see its attitude predictably change.

    reply to this | link to this | view in thread ]

  28.  

    Re: We’ve Heard This Before

    identicon
    Anonymous Coward, Jul 26th, 2011 @ 10:20pm

    Not unless the culture at Google changes.

    reply to this | link to this | view in thread ]

  29.  

    Re: Sure government officials listen

    icon
    The eejit (profile), Jul 26th, 2011 @ 10:41pm

    So it's like a homemade sex toy then.

    reply to this | link to this | view in thread ]

  30.  

    Re: Re: if only...

    identicon
    Prisoner 201, Jul 27th, 2011 @ 1:47am

    Free market ad absurdum. Too bad it's actually happening.

    reply to this | link to this | view in thread ]

  31.  

    Re: Re: Remove the government

    identicon
    Nicedoggy, Jul 27th, 2011 @ 3:30am

    You have violated Judge Dredd copyrights and are here now sentenced to 20 years in prison, what do you plead?

    reply to this | link to this | view in thread ]

  32.  

    Re: 1 - 5 years max on patents

    identicon
    Anonymous Coward, Jul 27th, 2011 @ 4:28am

    How many people are still using 20 year technology besides the music biz and their cd's?

    The C language. The C++ language. FORTRAN. Unix. And many many more; these were just the ones I came up with in a few seconds.

    Just because you cannot recall any examples does not mean that they do not exist, nor that they are not important.

    Of course, these examples were never patented (and AFAIK software patents did not exist back then).

    reply to this | link to this | view in thread ]

  33.  

    Re: Re: 1 - 5 years max on patents

    identicon
    Anonymous Coward, Jul 27th, 2011 @ 6:52am

    OK, how many patented technologies are still current after 20 years.

    You may be prooving the point in that the languages you use are still in use precisely because they are not patented.

    reply to this | link to this | view in thread ]

  34.  
    identicon
    Anonymous Coward, Jul 27th, 2011 @ 7:21am

    Google is butt hurt because they didn't win, perhaps?

    reply to this | link to this | view in thread ]

  35.  

    Moore's Warriors Not Innovation?

    identicon
    Vic Kley, Jul 27th, 2011 @ 6:34pm

    Are you all only talking about minor variations of program structures and Software Patents? If so say so otherwise your ridiculous point appears to be the top of your heads. I would still disagree but there is a place for debate concerning pre-existing software inventions.

    The progress of smaller, faster, cheaper as applied to computing power and storage however is an area where the truly new invention is not open to debate. New solutions are necessary for fairly small markets (the actual methods and equipment for semiconductor manufacture) in which there must be protection or no investment will take place.

    Each year there are new obstacles to the progress of electronics which powers must of the innovation your readers use and anticipate. New obstacles to Moore's Law.

    Each year there are a few people, Moore's Warriors, who provide solutions which must be protected. Solutions work and Moore's Law marches forward, marches forward as it always has on the backs of myriad small but critical inventions.

    These inventions enable the products which in turn are perceived as "innovations" successful products.

    Google, Apple, GE, GM, Lenovo, Siemens, Toyota and IBM, all depend on inventions and a patent system of which they may be entirely unaware.

    Attack the patent system, and its inventors blindly and the inevitable result will be the companies who owe their success to Moore's Law may well defeat the inventors - Moore's Warriors.

    An act of suicide. Blind suicide that takes our country and our children's future down with it.

    reply to this | link to this | view in thread ]

  36.  

    Patent reform

    icon
    Gene Cavanaugh (profile), Jul 27th, 2011 @ 8:39pm

    No one can seriously argue that the patent system as it exists is NOT doing serious harm to our economy (and the world as a whole). No one can argue that the US government selling out to big entertainment, et al, is not a serious concern.
    But it is almost the definition of "moronic" to be so extremist! First, someone says "patents as they exist are so bad we would likely be better off without the present system", which is definitely true. Then person two jumps up and says ANY kind of system is bad!MORONS!

    reply to this | link to this | view in thread ]

  37.  

    rubbish

    identicon
    staff, Jul 28th, 2011 @ 7:38am

    "just how ridiculous patents had become"

    The patents of others are always "ridiculous" when you're a defendant. Take a look. Far more often large firms like Google are defendants rather than plaintiffs. It all depends as they say on whose ox is being gored as the old story goes.

    If infringers don't pay you to write this rubbish, they should.

    reply to this | link to this | view in thread ]

  38.  

    epic

    identicon
    patent litigation, Aug 1st, 2011 @ 7:45pm

    In the context of recent events, Walker's comments sound a lot like sour grapes over Google's epic mishandling of its Nortel patent bid.

    reply to this | link to this | view in thread ]


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