File this post under “more signs of the USPTO apocalypse.” In a story reminiscent of The Onion‘s parody news article “Microsoft Patents Ones, Zeros“, iTWire reports on Microsoft’s patent “Method and system for navigating paginated content in page-based increments“… which is a fancy way of describing the Page Up and Page Down buttons.
The iTWire article isn’t bad, though like most news outlets it doesn’t provide sufficient background on why the patent system is in such a sorry state. (I did explain this in some detail in my UXmatters article; follow this link to read “Your Design Is Infringing On My Patent.”)
I don’t blame the Microsoft employees who put their name on this patent; they’re just playing the game that they were hired to play. (Though I do wonder whether they look at that patent plaque in their offices and feel a slight twinge of embarrassment.) It’s not Microsoft’s fault either. They’re playing the game too. The fault lies squarely with the USPTO, and with a Congress that is too deep in the pockets of large incumbent businesses from many domains.
I hate to keep ringing this bell over and over, but the fact of the matter is that patents stifle innovation and provide a means for lazy and litigious people to live off the work of others. And by patenting something so (pardon the pun) “patently obvious” as Page Up / Page Down buttons, Microsoft degrades the user experience for us all. Think about it: every time Microsoft (or some other software company) patents a commonly-used interaction pattern or UI design, they make it less likely that other product producers will want to pay a licensing fee to use the pattern or design. Which means that the producer will have to skirt the patent by creating a new interaction or design, even though a common and perfectly reasonable one already exists.
This isn’t just an academic problem, folks. If this is allowed to continue, we’re headed even farther down the slippery slope. What’s next? Will Microsoft or Apple or IBM patent the “OK” button? Will we have to label it “Affirmed” to skirt the patent? How many other patent landmines are sitting out there waiting to be stepped on?
If you’re interested in patent reform but don’t know what you can do or where to start, check out these organizations. You might find a way you can contribute to the elimination of obvious and overly broad patents. (These are taken from my UXmatters article.)
- The Electronic Frontier Foundation — The EFF is a nonprofit organization that advocates for free speech and individual rights in the digital domain. Its Patent Busting Project is an initiative “to protect innovation and free expression” by fighting against vague, obvious, or overly broad patents.
- Foundation for a Free Information Infrastructure—Based in Europe, this organization currently runs the NoSoftwarePatents.com campaign, which has as its aim stopping enaction of a US-like patent system in the European Union.
- The Free Software Foundation — Founded by Richard Stallman, the FSF promotes and supports the free software movement. The FSF supports a less restrictive approach to patenting intellectual property. Founded as a US-based organization, FSF branches have opened in Europe, Asia, and Latin America.
- Another advocacy group is the Software Freedom Law Center, which Eben Moglen founded in 2005.
Microsoft Granted Page Up Page Down Patent :: iTWire
Tags: patentreform, user experience
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