Computer World New Zealand reports of an "open source victory" over Microsoft on a patent related to XML technology after Microsoft made "changes to its patent" following presentation of prior art uncovered by the New Zealand Open Source Society.

My opinion on the specific patent aside, this is a good development, an example of an open source group using existing policy infrastructure to effect its goals: to unmask obvious patents (and everyone I know dislikes obvious patents). Even more, its an example of a private party's ability to curb concerns on stifled innovation from obvious patents under current patent policies, thereby dispelling the myth that software patents will cause the technology industries to implode unless there are fanatical and unconsidered changes such as eliminating software patents altogether.

The patent will no longer cover the XML file formats that Microsoft is using and therefore anyone is free to interoperate with Microsoft file formats without fear of patent litigation from this particular patent.

The Microsoft patent in question "governs word processing document[s] stored in a single XML file that may be manipulated by applications that understand XML”. With modifications to the patent, the open source group inis no longer concerned about using the relevant technology. A Computer World reports quotes a representative:

Microsoft made “significant changes” so that the prior art the society uncovered, primarily in the form of word processor Abiword’s handling of XML, would no longer apply.

...(following the amendment) templates stored in binary blocks inside the document were now a required feature to infringe the patent.

The open source group stated that it may pursue similar action in the future to prevent obvious patents from harming "open source and the software industry."