A Google patent lawyer says that the patent system is broken, and he accuses Microsoft of abusing the system. Speaking to the San Francisco Chronicle on Sunday, Google’s Tim Porter pointed to Microsoft’s attacks on Linux as an example of its broader corporate strategy.
“When their products stop succeeding in the marketplace, when they get marginalized, as is happening now with Android, they use the large patent portfolio they’ve built up to get revenue from the success of other companies’ products,” he said.
Microsoft has argued that the patent royalties it seeks from Android vendors are part of the natural evolution of a new industry. Porter disagrees.
“Microsoft was our age when it got its first software patent,” he said. “I don’t think they experienced this kind of litigation in a period when they were disrupting the established order. So I don’t think it’s historically inevitable.”
Of course, the reason Microsoft didn’t have to worry about patents during its first dozen years was because the courts and the patent office didn’t allow patents on software until the 1980s. Indeed, the idea of patents on software alarmed Bill Gates, who wrote in 1991 (when Microsoft was already older than Google is now) that “the industry would be at a complete standstill” if software had been eligible for patent protection in the early days of the industry. He worried that “some large company will patent some obvious thing,” enabling the company to “take as much of our profits as they want.”
Today, Google finds itself in exactly the predicament Gates warned about 20 years ago. The Chronicle asked Porter the obvious question: should software be patentable? Porter refused to give a straight answer “There are certainly arguments” that copyright protection is “more appropriate” for the software industry, he said. But he would only say that “the current system is broken,” and that there has been “a 10- or 15-year period when the issuance of software patents was too lax.”
via Google: Microsoft uses patents when products “stop succeeding”.
