Posted by Horacio Gutierrez
Deputy General Counsel & Corporate Vice President, Legal & Corporate Affairs, Microsoft

Today, the White House Task Force on High-Tech Patent Issues issued a paper containing seven legislative recommendations for patent reform designed to curb litigation abuses by patent assertion entities (PAEs).

As a defendant in roughly 70 patent lawsuits, most of which were filed by patent assertion entities, Microsoft supports efforts to curb patent litigation abuses. But we are concerned and surprised that in a critical respect today’s proposal goes beyond patent assertion entities and instead targets software innovations more broadly. The proposal asks Congress to expand rules applicable to challenging business methods and apply them to “a broader category of computer-implemented inventions.” If enacted, this provision would create a discriminatory legal standard for software inventions, putting at risk jobs and innovation in the technology and manufacturing sectors of the economy. 

We stand ready to work to address patent abuse in a constructive fashion with the Administration, Congress and others to ensure the patent system promotes job growth and technology innovation.