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February 10, 2009 4:00 AM PST

Microsoft gets 10,000th patent

by Ina Fried
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Microsoft's patent push is paying off.

The software maker, which stepped up its rush to the patent office five years ago, has reached a milestone, having received its 10,000th U.S. patent earlier this month.

Curtis Wong, who was listed on both Microsoft's 5,000th and 10,000th patents is also known for being one of the forces behing the Worldwide Telescope project.

(Credit: Microsoft)

The efforts have propelled Microsoft to the upper echelon among patent filers, though IBM still gets more patents issued than any other company. Last year, Big Blue became the first company to have 4,000 patents issued in a single year.

Microsoft, meanwhile, has risen to the top 5 among patent recipients and for the last two years has topped a key ranking of overall patent portfolio strength.

"Logging the 10,000th patent really is a testament to all of the innovation that has been taking place," Microsoft chief patent counsel Bart Eppenauer said in an interview.

But while its patent filings have been up, the company hasn't managed to stay out of the courtroom. The number of patent lawsuits against the company has actually increased pretty substantially in the last couple of years.

"That increase has come almost entirely from entities that do not produce products," Eppenauer said. Most of the suits have come not from other technology companies, he said, but rather from the firms whose primary business is acquiring and enforcing patents. In those cases, having a large patent arsenal of one's own is of little use, since there are no products that could be used to countersue over.

Microsoft's broader patent portfolio has come in handy in other ways, though, particularly as the company has looked to license its technology to other companies and even to do things like its deal with Novell around Linux.

"Patents really are the currency of innovation in our industry," Eppenauer said.

As for the 10,000th patent, it covers a technology used in computers like Microsoft's Surface that link a real-world object with a set of data or images stored on a computer.

Curtis Wong, one of the inventors listed on the patent, said the idea is a simple , but powerful one. Basically the idea is taking an object that might be familiar to a person, say a matchbook from their favorite bar, and having the surface computer associate that object with digital information, say one's favorite songs.

In an odd coincidence, Wong and a colleague were also on Microsoft's 5,000th patent, which covered an approach for linking together a virtual audience of online gaming fans.

Patents have become a bit of a status symbol within the corridors of Microsoft's campus in Redmond, Wash. The company gives workers up to $1,500 each time they apply for a patent as well as a cube with details on the invention. Once a patent is granted, Microsoft workers get a plaque that includes a copy of the first page of the patent application.

Microsoft's patent filings have become so prolific that it now requires a small army to handle the 2,500 to 3,000 U.S. patent applications that the company files each year. It now has more than 100 people in its patent group including more than 40 attorneys, along with analysts, business folks as well as paralegals and support staff. For Wong, though, all the patents have started to become a bit of a distraction, literally.

"The cubes are blocking my window," said Wong, who is listed on about four dozen patent applications.

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina.
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Add a Comment (Log in or register) (28 Comments)
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by dascha1 February 10, 2009 4:24 AM PST
For MS stockholders, any facts on the actual cost total for this protection since they've gone public?
Reply to this comment
by Hunnter2k3 February 10, 2009 5:40 AM PST
Shame that it includes such patents as "Emotiflags", so much for improving patent quality. Or perhaps they meant the quality of the written word, rather than the actual quality of the product.

** "Logging the 10,000th patent really is a testament to all of the innovation that has been taking place," Microsoft chief patent counsel Bart Eppenauer said in an interview. **
This makes me laugh, a lot.
Yes, some things they have done are indeed innovating, but some are just laughable.

Can you tell i dislike the patent system?
Reply to this comment
by EcuadorHomesOnline February 10, 2009 5:51 AM PST
I love to see ANY company that puts this much effort into researching new ideas. IBM, Hitachi, even AT&T and Kodak back in their day, have all funded amazing amounts of research which ultimately creates new products, new jobs, and better ways of doing things. We just need to find a way to stop the "patent trolls" who buy up other people's old patents just for the sole sake of suing someone.
Reply to this comment
by Penguinisto February 10, 2009 5:53 AM PST
"innovation"... *snork!*

I for one cannot wait to see software patents invalidated, if only to see the look on the faces of these guys and all the obvious patent trolls out there. It'd be fun to watch as their attempts at moneymaking off of the obvious and the absurd go up in smoke.
Reply to this comment
by Vegaman_Dan February 10, 2009 7:22 AM PST
I have to agree with you on this one. I really dislike the current patent system in place. Microsoft, Apple, and all the rest are forced to spend all these resources on obvious things just so that they don't run afoul of someone else patenting it first. The number of lawsuits citing violations where MSFT wasn't fast enough would tend to suggest this is the case.

I honestly believe this process hurts development rather than support it.
by Penguinisto February 10, 2009 7:58 AM PST
Indeed... it has become a race to the bottom, for everyone.

Hardware patents I have no problems with, for the obvious reason that you can more easily verify the processes and items being patented - and also more readily test for uniqueness and actual innovation. Software patents OTOH are too often vague and too often not even submitted for products or ideas, but as a monetization strategy.

Hopefully the things will die soon, if a few appeals and court cases wending their way through the system have (hopefully) enough merit...
by Seaspray0 February 10, 2009 3:48 PM PST
And, as the number of patents increase, it becomes harder and harder to create something new without someone having patented it first. Even if you do your own work and come up with it all on your own, you can't use it because someone else did the same concept and patented it. This is where the patent system breaks down. A patent should protect someone from stealing your idea. But, if someone else thinks of the same thing, that's not theft.
by fredtheviking February 10, 2009 5:59 AM PST
Wow, I would have never thought of assoicating items put on a touchscreen with other bits of information and programs. I am so grateful that Microsoft was there to come up with that idea... wow. You got to be kidding me. I think the patent office should hire people who know and understand technology to determine whether a patent is really patentable (or should be patentable). I find it hard to believe that Microsoft has 10,000 patent-worthy patents.
Reply to this comment
by Vegaman_Dan February 10, 2009 7:24 AM PST
It's no different at any other company. Apple is doing exactly the same thing. So is Sun and others. It's the business climate in place and this is the thing you do to protect yourself.

Don't blame the participants- blame the system that created the conditions.
by The_happy_switcher February 10, 2009 9:29 AM PST
The USPTO is always hiring new examiners. If you have a BS in some kind of mathematical or science field that's a good starting point.
by Magallanes February 10, 2009 6:42 AM PST
take note that a patent can last up to 20 years, so many Microsoft patent are expired and Microsoft can't ask for royalties.
Reply to this comment
by chabig83 February 10, 2009 6:52 AM PST
What? You think they filed these patent applications before 1989?
by viper396 February 10, 2009 12:01 PM PST
Wrong. Simple internet research shows that a large number of their patents where filed after 1990. That's when alot of patent trolls started to spring up and companies had to start protecting themselves from frivilous patent lawsuits.
by Norseman February 10, 2009 6:45 AM PST
Does anyone see the irony in this? The most infamous copier of all time is trying to prevent people from copying their stuff!
Reply to this comment
by NeverFade February 10, 2009 7:31 AM PST
lol - that's funny... and true!
by WDS2 February 10, 2009 7:53 AM PST
IBM generates several thousand patents a YEAR and has done so for decades. Over 3000 in 2006 and 2007 and over 4000 in 2008!

That said, the whole patent thing is a game that the companies play. IBM is just the best at it. Samsung keeps trying to beat them out but IBM knows how to win.

Many (maybe most) of the patents are completely legit but many are of dubious value too.
Reply to this comment
by The_happy_switcher February 10, 2009 8:21 AM PST
I wonder when they well commemorate the 100,000th virus, give or take, that Microsoft OS software has so ignominiously given rise to.
Reply to this comment
by Seaspray0 February 10, 2009 3:54 PM PST
The number of viruses does not have a bearing on the number of vulnerabilities. Microsoft operating systems get targeted because they have the largest market share. If you think your computer is so secure, then read this...

http://news.cnet.com/8301-1009_3-10154662-83.html

"The Macintosh and base Linux kernel operating systems have dominated the top spots for vulnerabilities by operating system over the past three years"
by WulfTheSaxon February 14, 2009 12:23 AM PST
@ Seaspray0

You might want to take a look at http://www.theregister.co.uk/2004/10/22/security_report_windows_vs_linux/ before you claim Windows is so secure. Note, for instance, that Linux is used by 90% of servers (including *banks*). I'd say that's a fair incentive to hack it, don't you?
by The_happy_switcher February 10, 2009 9:26 AM PST
"As for the 10,000th patent, it covers a technology used in computers like Microsoft's Surface" So this will be known as the Big-Ass Table patent?
Reply to this comment
by Vegaman_Dan February 10, 2009 10:52 AM PST
With a name of AppleRocks1963, how exactly do you think your childish and immature comments reflect upon Apple users? Have you considered the amount of damage you are doing to the reputation of Macintosh users with your comments? You're giving Mac users a bad name, AppleRocks1963.

People, please don't believe that AppleRocks1963 speaks for anyone other than themselves. Do not let their tirades and tantrums color your view of Apple products or fans.
by The_happy_switcher February 10, 2009 12:59 PM PST
So does this mean you're not sending me a Valentine Day's gift Danny boy?
by ralfthedog February 10, 2009 9:44 AM PST
Microsoft will also celebrate their 10th patent that does not impinge on prior art.

Please note that while Microsoft has a patent on the use of humor or sarcasm in relation to computers and technology, I claim fair use.
Reply to this comment
by sanenazok February 10, 2009 11:33 AM PST
infringe the prior art, you mean. Also, in granting patent, the patent office first reviews all prior art and adjudicates that the invention doesn't infringe prior art.
by WDS2 February 10, 2009 11:51 AM PST
"in granting patent, the patent office first reviews all prior art and adjudicates that the invention doesn't infringe prior art"

Companies have realized that if they bury the patent office in applications that they cannot possibly be well reviewed. Most patents get a cursory look at best.
by eudefender February 10, 2009 11:50 AM PST
when will the patent bubble burst?
Reply to this comment
by Seaspray0 February 10, 2009 4:01 PM PST
It will burst when they are no longer enforced. i.e. The government of china does a very poor job of enforcing patents and copyrights. The answer to your question is atleast two dimensional... "when" depending on "where".
by WulfTheSaxon February 14, 2009 12:26 AM PST
"Patents really are the currency of innovation in our industry."

That has to be the most hilarious quote I've heard out of Microsoft for a couple months :P
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About Beyond Binary

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft.


Beyond Binary is a look at how technology is changing our lives and the people behind all that life-changing stuff, with an extra emphasis on that which emanates from Redmond, Wash.

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