Japan Grants IBM Access to Some Patents
IBM said it has been promised access to certain computer patents owned by the Japanese government, resolving a long dispute. But followers of the giant computer firm said Japan’s gesture might have more political than technological significance.
The agreement with the Ministry of International Trade and Industry was reached “recently” after several years of talks, according to IBM. It was divulged Wednesday by the Japanese, who this week have been attempting on several fronts to show that their markets are open and friendly to foreign goods and companies.
International Business Machines, whose huge Japan unit is the second-largest computer company in that nation, portrayed the agreement in principle as a cross-licensing agreement similar to those it has had with Japanese computer firms for many years.
But in this case, the licensor is the Japanese government, which owns patents that resulted from government-funded computer research. Some of that research was done by private Japanese computer firms with which IBM has had cross-licensing agreements.
While IBM and those firms shared access to patents, IBM hasn’t had access to government-owned patents.
“It’s not a question of getting access to the technology but of having freedom of action” to develop certain products without fear of infringing on patents, said an IBM spokeswoman in this country. “They’ve had access to our patents, but we’ve had access to only some of theirs. It’s a question of equal access.”
About 500 patents are reportedly involved, and analysts said IBM would no doubt save research steps by being able to get licenses for certain technologies. It was considered unlikely that the agreement will transfer cutting-edge technology, however.
“Just to get rid of the legal incumbrances would free IBM’s hand to move ahead, but I can’t see Japan giving away the store,” said Thomas Crotty of the Gartner Group in Stamford, Conn., a research firm that closely follows IBM.
“I would have to believe there is basic value” to the patents “but not breakthrough value.”
Other foreign firms would also have access to the patents, though they would have to negotiate separately and might lose valuable development time to IBM.
There was no immediate reaction from IBM competitors, but a consultant to some of them raised questions about the propriety of any agreement between the Japanese government and IBM at the expense of competitors.
“I don’t think Japan has that many technologies that IBM is looking for,” said Brian Jeffery, director of research at International Technology Group in Palo Alto, whose clients include IBM competitors.
“What is a source of concern is that IBM and Japan have reached an agreement that benefits IBM instead of the U.S. computer industry as a whole. Sometimes it’s unclear whether U.S. policy on high technology is being made in Armonk or Washington.”
IBM is headquartered in Armonk, N.Y.
A spokesman for the U.S. Trade Representative said that office wasn’t involved in the talks and didn’t know anything about it.
