Defending Patent Quality

As the U.S. Supreme Court heard arguments Monday in Bilski v. Kappos – a case to determine what types of business methods should be eligible for patent protection – Microsoft issued the following statement:

“Microsoft has urged the Supreme Court to reaffirm its precedents holding that mere abstract ideas like those claimed in the Bilski patent cannot, and should not, be patentable.  Because the Bilski patent does not relate to a computer-implemented invention, reaffirming the appropriate standard for patent eligibility set by the Supreme Court in prior cases should not have an adverse effect on commercial software companies that, like Microsoft, have built up a diverse portfolio of high quality patents that reflect strong investment in innovation.”

About the Author

Deputy General Counsel & Corporate Vice President, Legal and Corporate Affairs, Microsoft

Horacio Gutiérrez is Corporate Vice President and Deputy General Counsel in charge of the Microsoft products and services group (PSG). In this role, he oversees the team that provides front-line legal support to all of Microsoft's engineering and marketing teams, including Devices and Studios, Applications, Services and Dynamics, Operating Systems, Cloud and Enterprise, and Marketing. Previously, Horacio led the worldwide intellectual property group, including the development, maintenance and enforcement of the company’s IP portfolio, inbound and outbound patent licensing, and IP legal and public policy strategy. Prior to his eight years leading the IP group, Mr. Gutiérrez was based in Paris, where he was Microsoft's associate general counsel for Europe, the Middle East and Africa. Mr. Gutiérrez started his career at Microsoft in Fort Lauderdale, Fla. at the company’s Latin American regional headquarters, where he was responsible for commercial and corporate matters for the region.