EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.18.13

Patent Scope Still the Topic to Focus on, and Not Just in the United States

Posted in Asia, Patents at 10:46 am by Dr. Roy Schestowitz

Japanese

Summary: A look at the legitimacy of software patents around the world, especially where technology is being made

TECHRIGHTS has spent a considerable amount of time covering software patents in the EU and in NZ. But what about Asia, where almost all of the world’s electronics are being manufactured?

The battle between Apple and Android is mostly a one-sided/one-edged sword battle where Apple keeps throwing patent lawsuits at Android backers and the Android camp, collectively, defends itself from unmerited aggression. In the process, Android keeps gaining market share/strength and Apple’s relative share of the market is diminishing, not to mention the public image of Apple (yes, it is noticeably damaged). The big winners are from Taiwan and Korea right now.

“The big winners are from Taiwan and Korea right now.”As Apple's patent chief leaves it seems like things are improving somewhat. The world’s leader right now is not Apple but a giant company from Korea. There is no litigation going on until next month, but patents increasingly play a role in the battle over operating systems’ domination. What will patent policy in Asia shape up to become?

Patent policy in Korea, a former part of the Japanese empire (since a century ago), has always baffled a bit. There is hardly any patent coverage from there and Apple chooses to fight in Japan more than it does in Korea. The US, the current emperor in Korea, tried to spread software patents to Korea [1, 2, 3], but it wasn’t so obvious whether it succeeded (not like ActiveX succeeded there). The patents lawyers/boosters try to shed light on software patents in east Asia. A Taipei-based law firm shares the following about China, Taiwan, and Japan. “In China,” says the author, “rules and methods for mental activities are not patentable, so a claim that describes an algorithm, mathematical rules, or computer program “as such” may not be patented. However, software that (a) uses a technical solution to (b) solve a technical problem concerning (c) a law of nature may comprise patent
eligible subject matter. Of course, once subject matter passes that three-part test, it still must satisfy the basic requirements for patentability – novelty, non-obviousness and usefulness – the same as in the U.S.

“If a claim in China recites both rules for mental activities and technical features, the examination guidelines state that the claim may be patentable, but the guidelines fail to define technical solutions and problems and it is unclear whether the technical aspects, on their own, are required to satisfy the novel, non-obvious and useful requirements. For example, in the U.S., the prohibition against patenting abstract ideas cannot be circumvented by appending trivial technical activity. It is unclear whether the same is true in China with respect to technical aspects and, if so, how one determines whether the technical aspects are sufficient.”

About Taiwan, which is basically part of China, the Taipei-based author says: “In Taiwan, software is also patentable, provided the claims recite a technical solution that utilizes laws of nature. To qualify as technical, the solution must (a) use technical means to (b) resolve a technical problem, (c) achieving a technical effect. So long as the claimed software is tied to a machine or apparatus, there should be no difficulty satisfying the technical means, so challenges usually relate to the technical problem and technical effect.”

When it comes to Japan, it’s all pretty obvious. They, like the US, are the biggest software patents boosters. The author says: “Japan’s Patent Act also defines a patentable invention as any highly-advanced creation of technical ideas utilizing laws of nature. Non-patentable subject matter includes laws of nature and natural phenomena, inventions that violate laws of nature or natural phenomena, that fail to utilize laws of nature, artistic works, and techniques that can be gained by personal skill.”

“The USPTO has hardly any limitations on software patenting, whereas almost any other place does limit or altogether bans them.”In summary he lumps in Korea and says that “while it appears that China, Taiwan, Korea and Japan all prohibit the patenting of software, as such, they allow it when the claims recite the use of software working in concert with specific hardware, particularly when the invention resolves a technical problem and achieves a technical result.”

Bear in mind that this comes from a patent lawyer in a blog which actively advocates software patents, so this might not be the full story. The USPTO has hardly any limitations on software patenting, whereas almost any other place does limit or altogether bans them. We need to fix this by banning software patents everywhere. And as noted the other day, it is scope which should be the subject of focus, and not just in software. In the US, patents are now being granted on forms of life, as Myriad still makes evident:

For years, Myriad Genetics has had a monopoly on testing two key genes related to breast and ovarian cancer, BRCA1 and BRCA2. But the Utah company’s dominance was supposed to end last month. Doctors’ groups, supported by the American Civil Liberties Union and the Public Patent Foundation, took their legal challenge against all patents on genomic DNA to the Supreme Court and won a unanimous decision.

The wrong course of action is to lose sight of patent scope and focus on plaintiff scale. Matt Levy at Patent Progress falls into the agenda of the White House [1, 2, 3, 4, 5, 6, 7, 8], which rather than limit scope is putting all the attention/focus/emphasis/weight on trolls. Here is a new example of litigation from a troll whose actions would have been stopped by banning the patents. To quote: “An Ottawa-based patent-licensing firm named Wi-Lan is one of several patent-licensing operations that claims to own patents relating to wireless Internet. Wi-Lan filed a lawsuit against 22 companies over Wi-Fi back in 2007. In 2010, the firm went to East Texas to sue others, claiming it owned patents critical to the data transmission standards in mobile phones. Later that year, it also sued anyone who makes cable modems.”

This is a real troll, but look at the patents, consider scope. Hate the game, not the player. This game is rigged. Unless or until the government of the US recognises this (hard when massive corporations control the government) nothing is going to improve.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Goodbye Halo, Hello Revisionism (or How Patent Profiteers Perfume a Terrible SCOTUS Decision That Helps Patent Trolls)

    A short review/overview of this past week's coverage regarding Halo (the Halo v Pulse case) -- a SCOTUS decision that will help patent trolls in the United States



  2. Realistic English Translation of EPO Announcement About Crushing of Patent Quality

    The EPO's statement which proves Eric Blair (George Orwell) right, carefully rewritten to better explain what Battistelli and his cronies have just done to bring the EPO's status to an all-time low



  3. Great News: The US Supreme Court Shoots Down Software Patents Again

    The outcome of the US Supreme Court refusing to intervene in the Sequenom v Ariosa case -- a case which would have put at risk the strongly-worded Alice and Mayo decisions (SCOTUS level)



  4. No Expectation of the US Patent System Getting Fixed Any Time Soon

    On the agenda of the supposedly 'liberal' side (hawkish and corporatist in practice) there's no reason for Hope of Change and new data suggests that patent practices are gradually ebbing away in the United States



  5. A System in Their Back Pockets: Protecting Large Corporations in High-Profile Patent Cases

    A couple of new examples of patent cases where the bigger company (with deeper pockets) wins, either by injunctions against small companies or by invalidating the patents of smaller companies



  6. The European Patent Organisation's Administrative Council Helps Benoît Battistelli Destroy Patent Quality for the Sake of 'Production'

    In secretive sessions behind closed doors Battistelli and the Administrative Council conspired to send the no-longer-independent boards of appeal to exile, assuring that patent quality will nosedive and make the Office akin to a registration/filing office



  7. At the European Patent Organisation the Administrative Council Does Not Care About Staff

    The Administrative Council (AC) of the European Patent Organisation continues to show carelessness and apathy if not complicity by maintaining a deeply heartless approach and blind support for a President with 0% approval ratings (among polled staff)



  8. Links 1/7/2016: Enlightenment 0.21.0, Peppermint 7, New Mint

    Links for the day



  9. EPO Leak: Administrative Council's Latest Meeting Report (Updated)

    The outcome of the Administrative Council's meeting, where Battistelli managed to avoid earthquakes and basically did just about everything he wanted, reinforcing the perception that there is no oversight



  10. Publicly-Available Information About the Meeting of the EPO's Administrative Council

    The EPO "crisis" -- as Board 28 called it -- lingers on because no substantial steps were taken towards Battistelli's removal from Office for his violation of Office rules (his own rules) among other laws that Eponia perceives itself as exempt from



  11. Battistelli's Last Moves Are Desperate Attempts to Crush the Messenger (SUEPO), Which Will Almost Certainly Backfire on (if Not Fire) Battistelli

    By implicitly declaring a war on those who speak truth to power or those who are associated with perceived truth-tellers, Battistelli reinforces the perception that he is protecting the bad people at all cost (even his very own career)



  12. EPO Staff Representative Jesus Areso Explains the Crisis to the Administrative Council

    An intervention by an EPO Central Staff Committee (CSC) member who is under gag orders from Battistelli's regime and cannot speak about his case, which apparently involves truly severe disciplinary actions for merely helping or contributing to a staff survey (not controlled by and paid for by Battistelli)



  13. Shadows of Alleged Criminality Over the European Patent Office (EPO)

    Cases against Željko Topić, a Vice-President at the European Patent Office, are moving forward in Croatia, where he still faces many criminal charges



  14. You Know That UPC is Quite Likely Dead (at Least in the UK) When Even Baroness Neville-Rolfe Dodges the Question (Updated)

    The UPC appears to be a dead end, much like Battistelli's career, not only in the UK but in Europe as a whole (it has been all along designed with London/England/UK in mind)



  15. Short Report From Today's EPO Protest in Munich

    A few noteworthy points about the staff protest which coincided with the Administrative Council's meeting earlier today in Munich



  16. Growing Consensus Even Among Patent Professionals That UPC is Dying Everywhere If Not Just in the UK

    The UPC continues to sink as more and more people come to grips with the complexity of the current situation, irrespective of what countries other than the UK do next



  17. Battistelli Attacks Not Only His Staff But Also Patents Themselves (Their Quality) and the Legal Legitimacy Surrounding the EPO

    Battistelli's EPO is having not only reputation problems but also staff retention problems, patent quality problems and problems pertaining to perception of fair trials or justice regarding patents



  18. Battistelli is Creating an Atmosphere of Terror at the EPO While Exploiting Terror Attacks to Garner Sympathy

    "As if Laurent were a terrorist, the Office has imposed a house arrest and has forbidden him to enter the EPO premises," according to SUEPO, writing about one of its members at The Hague who is "maliciously accused via a fabricated procedure"



  19. Rumours That EPO President Battistelli Got Sacked to be Replaced by Christoph Ernst Appear to be Baseless

    Dr. Christoph Ernst is claimed to be the successor (interim or permanent) of the notorious Battistelli, but these claims have little or no evidence to support them



  20. Links 29/6/2016: SteamOS 2.83 Beta, Alpine Linux 3.4.1

    Links for the day



  21. The EPO Has Become Battistelli's Circus and the Administrative Council Has Been Reduced to (Illegal) Circus Animals Controlled With 'Treats'

    Battistelli's attack on justice and on the rule of law is debated among insiders who have grown increasingly impatient with the Administrative Council's tolerance of Battistelli and sometimes even Kongstad's amazing complicity



  22. The Latest Lies About the Unitary Patent (UPC) Would Have Us Believe That It's Alive and Well

    How patents-centric sites (some of which are in bed with the EPO) have responded to the 'Brexit' vote and why they're not telling us the truth about the Unitary Patent scam (often created and promoted by the same people who run and/or fund such sites)



  23. EPO Management Bunker: “The Bailiff Who Came to Deliver the Subpoena was Escorted off the Property by Five Security Guards.”

    Battistelli has essentially turned the European Patent Office (EPO) into a barracks, where he continues to enjoy immunity from the rule of law and discourages those who wish to challenge this immunity



  24. Keeping the Guard and Securing Society From Software Patents

    The policies over which Indians and Europeans have kept guard are being 'stolen' by vested interests



  25. Benoît Battistelli Further Weaponises His EPO 'Stasi' With CA/52/16

    A glimpse at what Benoît Battistelli will shortly attempt to do to the EPO, in order to cement his power in the face of growing opposition from many directions



  26. EPO Caricature: Administrative Council Control of Benoît Battistelli

    Another new caricature regarding the President of the European Patent Office (EPO) and lack of effective oversight from the Administrative Council (European Patent Organisation)



  27. EPO Caricature: Firing Benoît Battistelli

    The latest caricature regarding the President of the European Patent Office (EPO)



  28. Links 28/6/2016: Red Hat Summit 2016, Hadoop Events

    Links for the day



  29. Today's Media Coverage Says Microsoft Loves Linux, But Today Microsoft Extorted Linux Using Software Patents Again

    Luna Mobile has just been extorted by Microsoft (using dubious software patents, as usual) for using Android/Linux, but Microsoft-influenced media carries on spreading the lie that "Microsoft loves Linux"



  30. New Efforts to Work Around Barriers to UPC in Light of 'Brexit'; Behind These Efforts Are Self-Serving Patent Profiteers

    look at who's trying to work around the latest barriers to the widely-unwanted (by the public) Unitary Patent regime and what is being planned behind the scenes, or behind closed doors (by and for those who stand to profit from the Unitary Patent regime)


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts