Microsoft holds off on Eolas-based tweaks

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Invention is patentable.

The USPTO granted a patent to Eolas on plug-ins, because at the time there was no other art. Truthfully, Microsoft had to rig a demo to even approximate prior art in the courtroom and this is why the "prior art" was excluded.

http://www.rkmc.com/pdf/ip_of_the_year.pdf

That said and dispensed with, there's nothing really remaining for interactive, in-browser, downloadable, network-aware plug-ins other than the art Eolas developed. They did deserve the patent on face value as no-onelse had achieved what they achieved at the time of application, which is the patent office's definition of invention.

Now, whether or not I agree that patents should be issued on software or algorithms is a whole different matter: I do not! However, in this context my feelings don't enter into the battle. Eolas had an invention. They duly patented it in the manner required by law. They submarined the patent and then went after the biggest fish when the technology became ubiquitious. Is that morally reprehensible? Yes. Is it illegal? Obviously not.

As for licensing, one would have to stretch rather far to say that a zero-cost license for one group and a paid license for another is "price fixing". A RAND (reasonable and non-discriminatory) license to all comers is a social concept, not a legal one. I've thus far been unable to find a case on point where a patent was disallowed for such shenanigans. Do you have a cite of one? I'd appreciate reading it! I doubt either one of us is a lawyer, but certainly we both can use Westlaw to our advantage?

Posted by: John Le'Brecage   Posted on: 01/30/04 You are currently: a Guest | Members login | Terms of Use

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