From "Wealth of Ideas" e-newsletter, August 2005

Recently, the news came out that Microsoft wanted to patent "smilies". Also known as emoticons, these are the little textual representations of facial expressions (such as :- ) ) that many of us use in emails, web forums, and text messaging to add a little personality to our correspondence. The anti-Microsoft contingent ran with this latest example of Bill Gates seemingly trying to take over the minutiae of our daily lives.

But was their criticism warranted? And for that matter, why do patents get so much more bad press than their IP cousins, copyrights and trademarks?

As it turns out, the Microsoft "smiley" patent application is not an attempt to control your personal use of emoticons. Rather, what Microsoft is actually trying to patent is a way to add more complex emoticons to a lean text message in such a way that they don't increase the message's data size – thus making communication via chatrooms or instant messaging (where smilies are extensively used) faster. A good thing, right?

It's not just Microsoft. Ask a layperson what pops into their mind when they think of patents and they are likely to mention drug monopolies; huge corporations stifling the work of individual inventors (or innovation in general); "wacky" patents whose very existence calls into question the sanity and intelligence of patent examiners; and out-of-control lawsuits.

People generally don’t get into such high dudgeon over copyrights or trademarks. If you copyrighted a literary work or take steps to protect your company's trademark, no one will argue that you’re wrong to do so. Trade secrets may seem a bit mysterious but aren't seen as being controversial, and mask works are virtually unknown outside of IP circles. But patents are erroneously seen as having a chilling effect on innovation because they grant a limited monopoly to the inventor on his invention.

In the real world, however, not many inventors or companies are lining up to develop inventions and then give them away for free. So patents are here to stay. :- )

For more information on patents, see our previous feature articles "Common Patent Misconceptions" (April 2005), "Is My Patent Being Infringed?" (September 2004), and "Submitting Product Ideas to Corporations: What the Inventor Needs to Know" (March 2005). See also "Are Patents Bad for the Economy?" [PDF file] by Alexander Poltorak.