Network Associates sparks patent row over virus updates

Network Associates - which last month controversially managed to patent the ASP model - is heading for a new row by announcing it has patented the ability to update virus software over the web.

This is despite the fact the practice of updating virus applications over the internet is a core part of the service of every major anti-virus vendor including Kaspersky Labs, Sophos, Symantec and Trend Micro.

The US patent theoretically means Network Associates could prevent its rivals from offering the service, or force them to pay a royalty for the privilege.

Denis Zenkin, head of corporate communications for Russian anti-virus vendor Kaspersky Labs said: "I don't think its right they can do this - you shouldn't be able patent something all the anti-virus companies have been doing for ages. This worries us because if we try to compete with them in the US, they could use it to wipe us out."

However, lawyers said the patent, at least in its broad claims, may be unenforceable. Solicitor Nick Lockett, head of ecommerce and intellectual property for Stanbrook Technology Law Group, said: "I think Network Associates here has little hope of upholding a general auto-update prohibition on other anti-virus vendors."

He added: "The worry is that companies can use broadly-titled patents to give the impression to small firms, who don't have access to good legal advice, that the process is protected."

Network Associates was unable to provide a spokesperson to comment on its intention with the patent, entitled 'Method and System for Providing Automated Updating and Upgrading of Antivirus Applications Using a Computer Network'.

The patent has touched nerves already raw after Network Associates provoked a storm of protest with their ASP patent. The granting of the patent has also added to a growing belief that the US patent office is being too generous in its awarding of patents.

Traditionally a patent needs to show significant original thought by the inventor to be granted.

However, a loose US interpretation of the rules has led to a situation where many feel firms are using patents to stifle competition, rather than promote innovation.

Tim O'Reilly, founder and president of computer book publisher O'Reilly Associates and open source guru, said the news just illustrated how far things have gone: "This really illustrates the dangers you have when the patent system starts patenting things that are obvious. It becomes a tax on innovation and can do real damage."