Mike said:
Patents apply to novel and non-obvious advances. If something is prior art,
it is ineligble for a patent.
Being ineligible for a patent has never stopped people applying for
patents, and has never stopped patent offices approving them (especially
in the US, but not limited to them). As long as companies are willing
to pay license fees for unreasonable patents, rather than challenge them
and get them overturned, then "innovators" are going to keep patenting
obvious ideas with plenty of prior art. MS excels at this (though they
are not alone) - I would not be surprised if they can figure out a way
to consider exFAT patents as being relevant to older FAT versions.
Moreover, patents are only valid for 17 years. You can't refresh that by
making a minor change. You have to invent something new, even if it's
something that modifies an existing entity. That patent applies to the update
only, though, not the original entity.
Again, that applies only in theory, not in practice. Some companies use
such modifications as a way to extend the existing patents, contrary to
the intentions of patents, and to patent laws. But as long as other
companies would rather pay small license fees than large legal fees in a
court room, such abuses happen.
Microsoft has no patents for FAT. All they have (four patents) are for VFAT
and FAT32, and they're quite questionable at that (no more valid than the
patent for a crustless peanut butter and jelly sandwich). But they're enough
to extort money with, due to the wretched state of the US patent system these
days.
That's the key point. Theoretically, you can't patent a crustless
peanut butter and jelly sandwich - in practice you can, and MS is one of
the biggest abusers of the system (though they haven't often sued other
companies).
MS are also experts at FUD and sowing confusion. You are entirely
correct that MS has no patents for FAT - but "fat patents" gives about a
million hits in Google because people /think/ they have patents on FAT.
And as long as people are convinced of that, MS can continue to extort
license fees (or other control) over other companies.