PCMag editors select and review products independently. If you buy through affiliate links, we may earn commissions, which help support our testing.

Microsoft Joins Apple, Calls for Reasonable Patent Rules

 & Chloe Albanesius Executive Editor, News

Our team tests, rates, and reviews more than 1,500 products each year to help you make better buying decisions and get more from technology.

Our Expert
LOOK INSIDE PC LABS HOW WE TEST
65 EXPERTS
43 YEARS
41,500+ REVIEWS

Microsoft today joined the chorus of those calling for basic rules regarding the licensing of wireless standard patents.

"Industry standards are vitally important to the development of the Internet and to interoperability among mobile devices and other computers," the company said in a statement. "Consumers and the entire industry will suffer if, in disregard of this promise, firms seek to block others from shipping products on the basis of such standard essential patents."

At issue is something known as FRAND (fair, reasonable and non-discriminatory) licensing obligations, which are intended to keep major corporations in check and avoid abusive patent-related behavior. Basically, if a company holds a patent on a technology that is essential to a particular industry, they should make every effort to license that technology, even to major rivals.

Still, patent battles over "essential" patents persist, prompting the call for clear rules.

Earlier today, it was revealed that Apple wrote a letter to the European Telecommunications Standards Institute (ETSI) back in November asking the group to develop FRAND-related standards.

Google, which is in the process of acquiring Motorola Mobility, has also pledged to license license patents on a FRAND basis, according to reports.

It shouldn't be surprising that Microsoft is in favor of standards that support patent licensing. In October, Redmond announced that it had patent deals for a "majority" of Android devices. Microsoft holds patents relating to navigation and how Web sites display content; technology used on the Android platform.

In a followup blog post, Dave Heiner, Microsoft's deputy general counsel, said Microsoft has been in talks with European antitrust enforcers about this issue for several months. Among other things, Redmond is against injunctions, said patent holders should not require other firms to license back their patents, and called on patent sellers to require their sellers to abide by the same rules, Heiner wrote.

He also argued that the development of standards benefits the tech community as a whole.

"Firms benefit from having their ideas included in new standards, and in exchange for this, firms usually make a promise: that if they have any patents they have that are 'essential' to implementing a standard, they will make these patents available to all," he wrote. "That way every firm can build products based upon the standard, secure in the knowledge that it can obtain a license to any essential patents."

Heiner insisted that "this system works really well, almost all of the time." But as we've seen in recent years, some cases end up in lengthy court battles. "These outliers create a lot of trouble for the international standards ecosystem," Heiner wrote.

For its part, Microsoft sued Barnes & Noble in March for patent infringement regarding the retailer's Android-based Nook e-readers.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

Read full bio