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Wealth of Ideas, August 2005
Recently, the news came out that Microsoft wanted to
patent “smilies”. Also known as emoticons,
these are the little textual representations of facial
expressions (such as :- ) ) that many of us use in emails,
web forums, and text messaging to add a little personality
to our correspondence. The anti-Microsoft contingent
ran with this latest example of Bill Gates seemingly
trying to take over the minutiae of our daily lives.
But was their criticism warranted? And for that matter,
why do patents get so much more bad press than their
IP cousins, copyrights and trademarks?
As it turns out, the Microsoft “smiley” patent
application is not an attempt to control your personal
use of emoticons. Rather, what Microsoft is actually
trying to patent is a way to add more complex emoticons
to a lean text message in such a way that they don’t
increase the message’s data size – thus making
communication via chatrooms or instant messaging (where
smilies are extensively used) faster. A good thing,
right?
It’s not just Microsoft. Ask a layperson what
pops into their mind when they think of patents and
they are likely to mention drug monopolies; huge corporations
stifling the work of individual inventors (or innovation
in general); “wacky” patents whose very existence
calls into question the sanity and intelligence of patent
examiners; and out-of-control lawsuits.
People generally don’t get into such high dudgeon
over copyrights or trademarks. If you copyrighted a
literary work or take steps to protect your company’s
trademark, no one will argue that you’re wrong
to do so. Trade secrets may seem a bit mysterious but
aren’t seen as being controversial, and mask works
are virtually unknown outside of IP circles. But patents
are erroneously seen as having a chilling effect on
innovation because they grant a limited monopoly to
the inventor on his invention.
In the real world, however, not many inventors or companies
are lining up to develop inventions and then give them
away for free. So patents are here to stay. :- )
For more information on patents, see our previous feature
articles “Common Patent
Misconceptions” (April 2005), “Is
My Patent Being Infringed?” (September 2004),
and “Submitting Product
Ideas to Corporations: What the Inventor Needs to Know”
(March 2005). See also "Are Patents Bad for the
Economy?" [PDF file] by Alexander Poltorak.
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