Open Invention Network (OIN) has acquired 22 Linux-focused patents that were marketed and sold by Microsoft. The patents were recently purchased by Allied Security Trust (AST) from Microsoft to ensure the patents did not fall into the hands of non-practicing entities that could seek to assert the patents against Linux products. OIN subsequently acquired the Microsoft patents from AST.

According to OIN, by acquiring these patents the threat of these patents being placed in the hands of non-practicing entities has been averted. This move further ensures that the patents will not be used by patent trolls or others seeking to disrupt Linux and the many companies and individuals advancing the technology.

Keith Bergelt, chief executive officer of Open Invention Network, said: Today’s announcement evidences OIN’s continued commitment to acquire patents that may be relevant to Linux.

“We are pleased to have purchased these patents and view this as a model of successful collaboration among defensive patent organisations that share a common goal of creating freedom of action for practicing entities across Linux and the broader technology sector.”

Microsoft confirmed that it had sold the 22 patents to AST in July 2009, but the terms of the deal were not disclosed. Microsoft had acquired these patents several years ago from SGI.

Michael Marinello, Microsoft spokesman said in a statement, “These patents were deemed to be non-core to our business and non-essential for our IP portfolio. When an interested buyer for this technology was identified, after discussing it both internally and with the potential buyer, we felt this was the right direction to go in relating to these specific patents.”

AST is a Delaware statutory trust which provides opportunities to companies to sell products by sharing the cost of patent licenses.

OIN is a collaborative enterprise that acquires patents and licenses them royalty free to entities which, in turn, agree not to assert their own patents against Linux or Linux-related applications.