Microsoft Hoarding Patents Like They're Going Out Of Fashion

from the 200-here,-200-there...-soon-you're-talking-about-real-innovation dept

A few years back, Microsoft decided to shift its strategy on software patents. The contrast in what Microsoft was saying publicly about patents was stark:
Brad Smith, Microsoft general counsel, 2007: "Protection for software patents and other intellectual property is essential to maintaining the incentives that encourage and underwrite technological breakthroughs. In every industry, patents provide the legal foundation for innovation. The ensuing legal disputes may be messy, but protection is no less necessary, even so."

Bill Gates, Microsoft CEO, 1991: "If people had understood how patents would be granted when most of today's ideas were invented and had taken out patents, the industry would be at a complete standstill today... A future start-up with no patents of its own will be forced to pay whatever price the giants choose to impose."
If you needed any proof that Microsoft has shifted from a "young company innovates" to an "old company litigates" stance, just take a look at the massive ramp up in patents awarded to Microsoft over the last decade and a half. It's been steady growth, with a massive leap in the past two years.

Every week, if you follow patents granted to Microsoft you see huge numbers. In the past four weeks alone, Microsoft has been granted 49 patents (June 24), 44 patents (June 17), 42 patents (June 10) and 76 patents (June 3). That's 211 patents this month alone. Compare that to a company like Google, who was granted a grand total of 7 patents in June.

The patent system was designed to award incentives in the rarest of circumstances -- when the free market alone wouldn't provide the incentives necessary to bring a technology forward. When a single company is getting over 200 patents a month, the system isn't functioning as intended. It's not an incentive to innovation. It's a tax on innovation.

Filed Under: hoarding, patents
Companies: microsoft


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Jason, 26 Jun 2008 @ 7:58pm

    Re: Re: Re:

    Microsoft doesn't sue because if they did, they'd have to put their source on the record. Fact is, they don't even know how much of their code is even originally theirs.

    Maybe a handful of the individual managers over each of the hundreds of coding projects within the company has the slightest clue how much their programmers have 'stolen' here and there. If that's even really an accurate term.

    You see, the system favors a quiet patent holder. The decision to lay low and FUD up is a no brainer. Why open your most valuable assets up to scrutiny that would ultimately place their ownership in the hands of others?

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.