Microsoft: the patent system needs to be reformed

March 11, 2005     (Page three of three)

Coordination of international patent offices and their legal standards would be a good move, especially as Europe "wrestles with harmonization across the EU," Smith said. On Monday, the Council of the European Union, also known as the Council of Ministers, formally endorsed a controversial directive, which would legalize software patents. Several of member states of the European Union oppose the legislation.

Smith advocated the setting up of patent offices in Europe, Japan and the United States to develop common recognition of patent reviews. One area the United States would need to change is the standard it applies in awarding patents, Smith said.

"The U.S. is the only country in the world that applies a 'first to invent' standard for awarding patents. Every other country applies a 'first to file' standard," he said.

Finally, Smith called on the United States to eliminate patent filing fees for individuals and small businesses, saying the move could encourage more of these inventors to obtain patents.

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Source: C-Net News