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


East Asia and Southeast Asia Become a Patent Trolls’ Powerhouse

Posted in Asia, Patents at 6:53 am by Dr. Roy Schestowitz

Bad policies and inability to learn lessons from the failed experiment in the US

Singapore haze

Hazy forecast for an increasingly greedy Asian industry (photograph/source: “Smoke from Indonesian fires hits ‘unhealthy’ levels in Singapore as authorities push to hunt offenders”)

Summary: Patent maximalism and patent hoards which include software patents cause a climate of fear and confrontation, not innovation or collective prosperity

THE ONLY region other than the US where software patents exist is east Asia, although there too there are limitations (there are no software patents in India, Europe and arguably not in Australia either, definitely not in New Zealand and South Africa).

Looking at a new article by the Intepat Team from India, they mostly explore how to get patents in other countries, notably Europe and the US. They’re trying to make money by doing in other countries what they cannot do in India because activists (not just Indians) guard against corporate lobbyists and patent lawyers. In Singapore, by contrast, software patents exist (there is also a large Indian population there) and MIP has this new article regarding Singapore, titled “Inventors, investors and software patents” (as if these three things are connected, as per the myth).

“InnovFest unBound,” MIP said, “showcased Asia’s most innovative media and healthcare technologies. Presentations from fintech companies, multi-national media and software companies and global product giants emphasised the need to protect the IP underpinning new technologies and new products.”

That’s nonsense. It’s basically software patents lobbying in thin disguise. Consider Creative of Singapore becoming a de facto patent troll because it can no longer sell actual products (or can hardly sell anything before patents expire). It’s truly embarrassing not just for Creative but also for Singapore; the company reaffirms its new status as “patent troll” in Texas with yet another lawsuit, this time targeting the British (soon Japanese) ARM and the Singaporean regime’s mouthpiece (notorious media company) wrote:

Creative Technology yesterday said its wholly owned subsidiary ZiiLabs Inc has filed a patent infringement lawsuit in the United States against tech firm ARM.

ZiiLabs owns over 80 US patents in the graphics, processor and 3D spaces.

Four of these patents were asserted in the lawsuit, in which ZiiLabs is claiming damages for patent infringement, and an injunction against ARM.

The lawsuit was filed on Sept 2 in the Eastern District of Texas.

Creative was a decent company in the 1990s (I used their hardware and their software). They ran out of business plans, they might soon go out of business, and thus they are becoming patent parasites. Is this the kind of ‘entrepreneurship’ Singapore wants to be known for? Patent trolling? And with software patents, too?

Elsewhere in the patent microcosm, IAM has a series of new articles about patents in Asia and Jack admits that “patent filings and patent ownership alone cannot give anything like a full account of an organisation’s innovative capacity.”

So why are they so often peddling this myth at IAM? Here is another new IAM article, implicitly or tacitly acknowledging that South Korea has a patent bubble which is already imploding. Similar things seem to be happening in Japan and China is sweeping up the dust. To quote IAM: “In the wake of Foxconn’s historic $3.5 billion purchase of a majority stake in Sharp, streamlining and rationalisation of the Japanese company’s extensive IP portfolio are high on the agenda for its new Taiwanese owners.”

Despite having a pile of patents, Sharp is worth only about a tenth of ARM (which is British, at least until the acquisition is complete). In China, says MIP, “Computer software accounts for about 40% of cases in the Shanghai court” (so they’re becoming more like the USPTO with low quality control and software patents). An article about China from IAM says “Zhigu and Ruichuan are now controlled by a single operating company [and it] would seem to cement the idea that they’re in a separate category from IP Bridge and Intellectual Discovery. In the absence of some kind of public deal that shows the fund licensing patents or intervening in litigation on behalf of a Chinese company that isn’t Xiaomi, it may be time to stop characterising it as a sovereign fund.”

This again emulates the kind of trolls-infested patent landscape we see in the United States. Why would Asian nations wish to shoot themselves in the foot like this? Regarding China, IAM has another article about patents as instruments of tax evasion, using the kind of loopholes we already see in Europe (e.g. patent boxes, which are tax evasion scams). IAM should know this in light of its coverage about Apple in Europe (see “Europe’s multi-billion dollar tax ruling against Apple throws treatment of IP assets into spotlight”).

The bottom line is, the way things are going in Asia are not encouraging. They fail to heed the warning of US patent chaos and troll infestation. Asia is, in a sense, becoming a powerhouse for potential patent trolls (we recently covered notable new examples of Chinese companies going to the US to sue US companies using patents, typically in plaintiff-friendly courts like those down in Texas).

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. 35 U.S.C. § 101 is Still Effectively Tackling Software Patents in the US, But Patent Law Firms Lie/Distort to 'Sell' These Anyway

    The assertion that software patents are still worth pursuing in 2018 is based on carefully-constructed spin which mis-frames several court decisions and underplays/downplays/ignores pretty much everything that does not suit the narrative

  2. Battistelli's EPO Became Extremely Reliant on China for Distraction and on Endless Supply of Applications (Supply Which Doesn't Exist)

    Discussion about the EPO granting machine (or patent-printing machine) and figures the way EPO management would rather the public won't ever see them; the concept that China means redemption for this patent system is as laughable as always

  3. The US International Trade Commission (USITC) Against Comcast, Courtesy of the Intellectual Ventures-Connected Rovi

    The USITC/ITC, which mostly serves to impose embargoes (sometimes in shocking defiance of PTAB decisions), is being invoked by a firm connected to the world’s largest patent troll, Intellectual Ventures

  4. Tinder/Match Group Uses Software Patents to Sue a Rival, Obviously Choosing to Sue in Texas

    Software patents are being used for leverage, but only those which were likely granted before Alice and only in courts at districts somewhere around Texas

  5. Links 19/3/2018: Linux 4.16 RC6, Atom 1.25, antiX 17.1, GNU Mcron 1.1

    Links for the day

  6. From PTAB Bashing to Federal Circuit (CAFC) Bashing: How the Patent 'Industry' Sells Software Patents

    The latest tactics of the patent microcosm are just about as distasteful as last month's (or last year's), with focus shifting to the courts and few broadly-misinterpreted patent cases (mainly Finjan, Berkheimer, and Aatrix)

  7. Patent Maximalists Keep Coming Up With New Terms and Buzzwords to Bypass the Practical Ban on Software Patents

    The fightback against Section 101 and the US Supreme Court (notably Alice) seems to concentrate on old and new buzzwords, such as "Software as a Medical Device" ("SaMD") or "Fourth Industrial Revolution" ("4IR"), which the EPO recently paid European media to spread and promote

  8. News About Patents is Often Just Advertisements Composed Directly or Indirectly by Companies That Sell Patents and Patent Services

    Infomercials are still dominant among news about patents, in effect drowning out the signal (real journalism) and instead pushing agenda that is detached from reality, pertinent facts, objective assessment, public interest and so on

  9. Blocks and Paywalls Won't Protect the Patent Trolls' Lobby From Scrutiny/Fact-Checking

    Joff Wild and Benoît Battistelli have much in common, including patent maximalism and chronic resistance to facts (or fact-checking)

  10. China Has Become Very Aggressive With Patents

    China now targets other Asian countries/firms -- more so than Western firms -- with patent lawsuits; we expect this to get worse in years to come

  11. UPC/Battistelli Booster IAM Blames Brexit Rather Than EPO Abuses

    While the EPO is collapsing due to mismanagement the boosters of Team Battistelli would rather deflect and speak about Brexit, which is itself partly motivated by such mismanagement

  12. European Commission Again Urged to Tackle Abuses at the European Patent Office (EPO)

    Rina Ronja Kari is the latest MEP attempting to compel the Commission to actually do something about the EPO other than turning a blind eye

  13. Links 18/3/2018: Wine 3.4, Wine-Staging 3.4, KDE Connect 1.8 for Android

    Links for the day

  14. TXED Courts Are Causing Businesses to Leave the District, Notably For Fear That Having Any Operations Based There is a Legal Liability

    A discussion about the infamous abundance of patent cases in the Eastern District of Texas (TXED/EDTX) and what this will mean for businesses that have branches or any form of operations there (making them subjected to lawsuits in that district even after TC Heartland)

  15. PTAB Hatred is So Intense Among the Patent 'Industry' That Even Scammers Are Hailed as Champions If They Target PTAB

    The patent microcosm is so eager to stop the Patent Trial and Appeal Board (PTAB) that it's supporting sham deals (or "scams") and exploits/distorts the voice of the new USPTO Director to come up with PTAB-hostile catchphrases

  16. The Patent 'Industry' is Increasingly Mocking CAFC and Its Judges Because It Doesn't Like the Decisions

    Judgmental patent maximalists are still respecting high courts only when it suits them; whenever the outcome is not desirable they're willing to attack the legitimacy of the courts and the competence of judges, even resorting to racist ad hominem attacks if necessary

  17. The Patent Trial and Appeal Board (PTAB) Carries on Enforcing § 101, Invalidating Software Patents and Upsetting the Patent 'Industry' in the Process

    A quick report on where PTAB stands at the moment, some time ahead of the Oil States decision (soon to come from the US Supreme Court)

  18. Luxembourg Can Become a Hub of Patent Trolls If the EPO Carries on With Its 'Reforms', Even Without the UPC

    With or without the Unified Patent Court (UPC), which is the wet dream of patent trolls and their legal representatives, the EPO's terrible policies have landed a lot of low-quality patents on the hands of patent trolls (many of which operate through city-states that exist for tax evasion -- a fiscal environment ripe for shells)

  19. The Patent 'Printing Machine' of the EPO Will Spawn Many Lawsuits and Extortions (Threats of Lawsuits), in Effect Taxing Europe

    The money-obsessed, money-printing patent office, where the assembly line mentality has been adopted and patent-printing management is in charge, is devaluing or diluting the pool of European Patents, more so with restrictions (monetary barriers) to challenging bad patents

  20. Links 17/3/2018: Varnish 6, Wine 3.4

    Links for the day

  21. Deleted EPO Tweets and Promotion of Software Patents Amid Complaints About Abuse and Demise of Patent Quality

    Another ordinary day at the EPO with repressions of workforce, promotion of patents that aren't even allowed, and Team UPC failing to get its act together

  22. Guest Post: Suspected “Whitewashing” Operations by Željko Topić in Croatia

    Articles about EPO Vice-President Željko Topić are disappearing and sources indicate that it’s a result of yet more SLAPP from him

  23. Monumental Effort to Highlight Decline in Quality of European Patents (a Quarter of Examiners Sign Petition in Spite of Fear), Yet Barely Any Press Coverage

    he media in Europe continues to be largely apathetic towards the EPO crisis, instead relaying a bunch of press releases and doctored figures from the EPO; only blogs that closely follow EPO scandals bothered mentioning the new petition

  24. Careful Not to Conflate UPC Critics With AfD or Anti-EU Elements

    The tyrannical Unified Patent Court (UPC) is being spun as something that only fascists would oppose after the right-wing, anti-EU politicians in Germany express strong opposition to it

  25. Links 15/3/2018: Qt Creator 4.6 RC, Microsoft Openwashing

    Links for the day

  26. PTAB Continues to Increase Capacity Ahead of Oil States; Patent Maximalists Utterly Upset

    The Patent Trial and Appeal Board (PTAB) sees the number of filings up to an almost all-time high and efforts to undermine PTAB are failing pretty badly -- a trend which will be further cemented quite soon when the US Supreme Court (quite likely) backs the processes of PTAB

  27. Patent Maximalists Are Still Trying to Create a Patent Bubble in India

    Litigation maximalists and patent zealots continue to taunt India, looking for an opportunity to sue over just about anything including abstract ideas because that's what they derive income from

  28. EPO Staff Has Just Warned the National Delegates That EPO's Decline (in Terms of Patent Quality and Staff Welfare) Would Be Beneficial to Patent Trolls

    The staff of the EPO increasingly recognises the grave dangers of low-quality patents -- an issue we've written about (also in relation to the EPO) for many years

  29. The EPO is a Mess Under Battistelli and Stakeholders Including Law Firms Will Suffer, Not Just EP Holders

    As one last 'gift' from Battistelli, appeals are becoming a lot more expensive -- the very opposite of what he does to applications, in effect ensuring a sharp increase in wrongly-granted patents

  30. The EPO Under Battistelli Has Become Like China Under Xi and CPC

    The EPO is trying very hard to silence not only the union but also staff representatives; it's evidently worried that the lies told by Team Battistelli will be refuted and morale be affected by reality


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


Recent Posts