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Creative Lawyers for Creative Business

May 2004

Is Microsoft headed for Apple takeover?


Bizarre as it may seem the US patent office is listing Microsoft as the owner of a patent in a new variety of apple. Not "Apple" as in Macintosh and main Microsoft rival but "apple" as in small round fruit famous for poisoning fairy tale characters and falling on Newton's head!

The patent in question was originally owned by a Robert Burchinal of East Wenatchee, Washington however the patent was, for reason unknown, assigned to Microsoft. The patent covers a new variety of apple tree discovered in the 1990's in Wenatchee which is a prolific apple growing region. The patent describes the existence of over a thousand sample trees in existence. The apple is sold as an "Adam's apple" and is notable for its ability to turn red before other varieties.

Whether Microsoft are "branching" out or whether this is a "fruity" marketing ploy to come as close as possible owning rivals Apple, it will be interesting to see if this was a clerical error at the US Patent Office or whether the computer giants are aiming for a bite at another "cherry" (bad fruit tree puns over now, sorry). Initial reports from both Microsoft and Mr Burchinal indicate that it may have been a temporary if amusing error.

Briffa Comment:
The US has long been renowned for granting patents to inventions a lot more weird and wonderful than those permitted in the UK. For example software is more easily patentable than in the UK where in theory it is not possible to obtain patents for either software or business methods. There are several varieties of fruit tree on the US register however it is less likely that a tree would be capable of ordinary patent protection in the UK. Nonetheless our patent attorneys are always willing to look at an invention to see whether it would be capable of protection and aim to give a fixed fee price for a filing wherever possible.

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