Some numbers cited in TheRegister:
According to Webbink, Microsoft’s goal is to ramp up its of number patent filings. He noted Microsoft’s wish to file 3,000 patents a year - compared to approximately 200 in 1994.
The problem this poses for ISVs and customers is the cost associated with fighting patent infringement actions. Simply researching each patent can cost $5,000 per patent, meaning organizations may settle in the early stages of a case to minimize their costs. “It’s not a game, it’s expensive for a company to look at a patent portfolio,” Webbink said
Worse, most software patents are invalid. Webbink quoted research that found 67 per cent of all software patents filed between 1988 and 1996 did not stand up, while one in two claims are currently thrown out rather than registered by the US Patent and Trademark Office (USPTO).
This leads Webbink to conclude that Microsoft, and other companies also aggressively filing patents, are doing so to protect their business and restrict the competition. “Patents are about maintaining market share and preventing others competing effectively,” he said. ¹
Webbink is Mark Webbink, Red Hat’s deputy general counsel.
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