A
senior lawyer at Microsoft is calling for the creation of a global
patent system to make it easier and faster for corporations to enforce
their intellectual property rights around the world.
In a blog posting on Tuesday,
Microsoft's Deputy General Counsel Horacio Gutierrez said that a
backlog of patent applications internationally was needed to tackle the
3.5 million pending patent applications around the world--including
around 750,000 in the US.
"In today's world of universal connectivity, global business and
collaborative innovation, it is time for a world patent that is derived
from a single patent application, examined and prosecuted by a single
examining authority and litigated before a single judicial body," said
Guiterrez. "A harmonized, global patent system would resolve many of
the criticisms leveled at national patent systems over unmanageable
backlogs and interminable pendency periods."
Guiterrez went on to praise efforts to harmonize international patent
systems through projects such ad the Patent Prosecution Highway and the
"IP5" partnership but said more needed to be done to allow corporations
to protect their intellectual property.
"By facing the challenges, realizing a vision, overcoming political
barriers, and removing procedural obstacles we can build a global
patent system that will promote innovation, enrich public knowledge,
encourage competition and drive economic growth and employment," he
added. "The time is now--the solutions are in reach."
Microsoft's calls to speed up the issuing of patents come shortly after
the company was prosecuted in Texas for patent infringement concerning
its Word application. In August, US District Court for the Eastern
District of Texas issued a permanent injunction
that "prohibits Microsoft from selling or importing to the United
States any Microsoft Word products that have the capability of opening
.XML, .DOCX or DOCM files (XML files) containing custom XML", according
to a statement released by attorneys for the plaintiff, i4i.
Commenting on Microsoft's appeal of the ruling late last month. i4i chairman Loudon Owen told ZDNet UK's sister site, CNET News,
that the software giant's attitude was "extraordinary." "It captures
the hostile attitude of Microsoft toward inventors who dare to enforce
patents against them," Owen said. "It is also blatantly derogatory
about the court system."
Microsoft's stance on stronger software patents has attracted
opposition from the open-source community and other antipatent
campaigners.
The founder of the GNU Linux project Richard Stallman, recently warned
against the use of Mono software tools as they exposed users to
potential patent violation accusations from Microsoft. In an article
published by the Free Software Foundation, Stallman said that "only
fools would ignore" the threat poised by Microsoft's patents.
The UK Pirate Party, which was registered by the electoral commission
last month, is also opposed to the current patent system--especially in
the area of health care--and has put reform of the process at the center of its campaign
for the next election. "Monopolies maintained by companies producing
life-saving drugs mean people are dying, as they can't afford
(treatment)," the party's leader Andrew Robinson told ZDNet UK last
month.
Microsoft's backing for greater cooperation on the issue has the
backing of other organizations. The World Intellectual Property
Organization is planning to hold a conference on global enforcement of
intellectual property rights in Geneva on the 17th and 18th of
September. "IP systems need to keep pace with globalizing trends in
innovation and business practices," the organization said in a
statement. "The symposium offers stakeholders an opportunity to explore
how existing highly diverse national and regional IP infrastructures
can be developed to support the dynamics of innovation which is
increasingly transnational and borderless."
FSF Europe and the UK Pirate Party were approached for comment but did not reply in time for this story.
Andrew Donoghue of ZDNet UK reported from London.