Microsoft revs its patent machine
Microsoft, which once was only a modest customer of the U.S. Patent and Trademark Office, has been one of its biggest customers in recent years.
In just the past two months, more than 500 applications from the Redmond, Wash., software maker have been published. (That's actually a reflection of how active the company was in mid-2006, since patent applications aren't generally published until 18 months after their filing).
But it's one particular filing that has been grabbing headlines in recent days. That patent covers a means by which a computer that can use factors such as a person's heart rate, blood pressure, and facial expression to take action. The Times newspaper of London posted a story this week noting the "Big Brother" implications such a technology could have, such as notifying an employer if a worker appears stressed or is not being productive.
However, I'm hearing that this patent is more aimed at building a more useful and relevant help system into software than it is at offering a snooping tool for bosses. Of course, you never can tell where a technology will lead, and the patent could cover either or both applications.
Microsoft, which typically does not comment on individual applications, did offer a bit of comment, in the form of a statement from Horacio Gutierrez, Microsoft's vice president of intellectual property and licensing.
"This particular patent application, in general, describes an innovation aimed at improving activity-monitoring systems and uses the monitoring of user heart rate as an example of the kind of physical state that could be monitored to detect when users need assistance with their activities, and to offer assistance by putting them in touch with other users who may be able to help," Gutierrez said. "It is important to keep in mind that with most organizations in the business of innovation, some of our patent applications reflect inventions that are currently present in our products, and other applications represent innovations being developed for potential future use."
Trolling through filings can offer a glimpse of where a company is headed, but as with Apple's closely watched patent filings, seeing something in a patent application is far from a guarantee of what will eventually ship.
Microsoft's patent push is stimulated by a number of factors. One is competition and trying to make sure that Microsoft's rivals don't get access to key innovations. However, the company also began a broad intellectual-property licensing push several years ago, under which it licenses technology to many companies big and small. The company has signed a slew of patent cross-licensing deals since then, the most recent being Tuesday's deal with Japan's JVC.
A number of Microsoft's recently published patent applications cover search and advertising, areas in which Microsoft is investing a lot as it tries to play catch-up with Google. There are so many of these, I'll save them for a separate post, but recent filings cover things such as creating a spot market for video ads, and creating marketing that uses a combination of video and banner advertisements.
Among the other patent filings are hardware designs such as a washable keyboard and a washable mouse. There are other washable designs on the market, including both keyboards and mice.
Another patent covers so-called managed copy, which takes something like a video file or DVD, and uses digital rights management (DRM) to enable people make a copy that can be used on their various digital devices but does not allow unlimited duplication.
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. 
If ever there was proof that the US patent office needs an overhaul, that is certainly it.
The reason why MSFT is suddenly a huge customer at the patent office is IMHO three-fold:
1) MSFT saw that if they ever took on IBM directly over patents, they'd be screwed (IBM is among the largest patent warehouses alive).
2) MSFT realizes that they can no longer innovate (at least in the actual sense of the word), and that someday, patents will likely be the only real means to make any money... like Unisys was reduced to during the 1990s.
3) MSFT has learned that patents can make for a nice weapon to shut out any up-and-coming competition at all. Take OOXML for instance - I'm more than willing to wager that if it ever becomes a standard, you will have to pay MSFT some hefty fees to use any of it due to the minefield of patent traps likely lurking within.
IMHO, I'd like to see a law passed that forbids any corporate entity that is publicly traded and/or larger than x number of employees from ever being able to file a patent. That way the Patent Office can do what it was meant to: promote innovation and competition. Instead, we now see it as a tool from which to forge weapons of anti-competitiveness.
/P
I could also see this in use to help monitoring the infirm, nursing homes, etc.
I don't think it's meant to be used to let your boss monitor your activities... like reading CNET when you should be doing your job. :)
- He has every right to post as anyone else
- by Vegaman_Dan January 16, 2008 10:41 PM PST
- His comments are welcome as they provide different points of view. People don't have to agree with his viewpoints or opinions, but you do have to respect his right to make them.
- Like this Reply to this comment
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(17 Comments)In the end, anything that promotes discussion of a topic is a good thing as it opens people up to thinking about the subject.
Give him the same respect you would expect him to give you.