According to this article on E-week, Microsoft has patented an auto configuration technology for the IP stacks in Windows machine. This was apparently inspired by the autoconfig feature of IPv6, which is described in RFC 2462 . However, Microsoft failed to mention this prior art in its patent claim.
As usual, should we say, the USPTO did a bad job at researching prior art, although the RFCs are publicly posted on the Internet. 2 minutes of googling would have produced evidence. So, if one needs an additional reason for NOT patenting sofware, we can invoke the fact that patent offices (and this includes the EPO) do a bad job at searching for prior art, even when obvious references exist on the Internet.
If Microsoft has its way to have the USPTO moving to a “first-to-file” system, as opposed to a “first-to-invent” system, no engineer if an IETF meeting will ever want to suggest anything, lest some competitor will walk out of the room to quickly file a patent. This could bring the entire IETF process to a halt. As the article describes it: “The IETF has a rule that states that such engineers sit on working groups solely on the basis of personal interest in the technology, a stance that many find naively ignores the fact that employers exert influence on their engineer employees”. Obviously yes. Whatever you do, you look at who’s signing your paycheck.
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