Bonum Certa Men Certa

Japan Demonstrates Sanity on SEP Policy While US Patent Policy is Influenced by Lobbyists

Last year: Delrahim to head Justice Department antitrust unit

Revolving Door: Makan Delrahim Employment Summary Reference: Revolving Door: Makan Delrahim Employment Summary



Summary: Japan's commendable response to a classic pattern of patent misuse; US patent policy is still being subjected to never-ending intervention and there is now a lobbyist in charge of antitrust matters and a lawyer in charge of the US patent office (both Trump appointees)

PATENTS are about markets and competition. They're about publishing of ideas without risk to one's business. The Japan Patent Office (JPO) seems to understand that patents which cannot be worked around, e.g. because they're essential for standards compliance, are a barrier to markets and competition. These patents can actively damage progress in science and technology -- something which the USPTO proclaims to be promoting.



"The Japan Patent Office (JPO) seems to understand that patents which cannot be worked around, e.g. because they're essential for standards compliance, are a barrier to markets and competition."As we've been noting repeatedly in recent years, Japan's courts got tougher on software patents. It wasn't always the case. Japan's government also gets it better than the Trump administration, where lobbyist Delrahim is now in charge of antitrust matters. The US, which fails to understand the concept of antitrust, would do its industry irreparable damage for the sake of few large corporations (like Qualcomm); Japan is at least recognising the issue with SEP. It is taking action. We last wrote about that a couple of days ago, citing Japenese bloggers.

"Patent owners have little to worry about in JPO plans for SEP reviews," IAM stated yesterday, having published this damage-controlling piece for the patent aggressors/trolls it stands for. To quote:

The Japan Patent Office (JPO) last week unveiled a new service that will see it weigh in on the standing of Japanese patents declared standards essential. When it was first announced last November, this system was perceived as offering a defensive tool to implementers. But the draft guidelines for the scheme, helpfully translated in part here by Satoshi Watanabe of Watanabe Research and Consulting, have foreclosed that possibility.

The essentiality checks fall under an existing programme called Hantei, in which the JPO provides non-binding advisory opinions on whether a particular patent covers a particular product. The service costs just around $400 and issued 97 decisions in 2016. Currently, this review can be requested by either a product manufacturer or a patent owner.


IAM's hostility towards Japan can only grow if Japan embraces policy that impedes patent trolls. Last year, for example, IAM repeatedly attacked India. Why? Because its patent policy is quite rational and software patents are in principle not permitted.

As always, there's that irksome lobby of the patent trolls. It wants to undermine patent policy or tilt things in its favour.

"As we've been noting repeatedly in recent years, Japan's courts got tougher on software patents."Aaric Eisenstein, writing for Watchtroll yesterday, is now publicly sucking up to Iancu, lobbying him to abolish PTAB (as usual from Watchtroll) among other things. Those are some of the same interests as IAM's. Follow the money.

Then there's the Koch-funded think tank for patent trolls (and against PTAB). It now says you "MUST READ" its letter which it describes with: "No empirical study has demonstrated that a patent-owner’s request for injunctive relief after . . . infringement of its property rights has ever resulted either in consumer harm or in slowing down the pace of technological innovation."

"As always, there's that irksome lobby of the patent trolls. It wants to undermine patent policy or tilt things in its favour."Who wrote this? See the list. It's just the patent maximalists' lobby (some funded by the biggest patent bullies, e.g. David Kappos). To quote: "Signatories to the letter include Judge Douglas H. Ginsburg of the D.C. Circuit, former Chief Judge Paul Michel of the Federal Circuit, former FTC Commissioner Joshua D. Wright, and former Director of the U.S. Patent & Trademark Office David Kappos, among others."

IAM promoted this letter some days ago. It's signed by the usual suspects. We know what they want and why they want it. We also know who funds some of them. That's pretty revealing.

Recent Techrights' Posts

Crossbow tragedy, bigger than Kyle Clifford, social media culture
Reprinted with permission from Daniel Pocock
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
 
Luxembourg: GNU/Linux at 8% Based on Estimates
steady increases this year
Gemini Links 04/03/2025: Bicycle, Photos, and Motorola 6809 Assemblers
Links for the day
Microsoft OSI Apparently Still Reading Techrights Closely, Trying to Make Face-Saving PR Moves
They have long had this reactionary rhythm, wherein it feels like we can 'control' what they publish and when by merely highlighting facts about them
Slopwatch: linuxsecurity.com and Other 'Linux' Sites With LLM Slop
SEO spam with machine-generated fodder, plus a person to whom English isn't a first language
Links 04/03/2025: Microsoft/Korea Game Industry Association Workforce Cuts, Outlook and 365 Outage Affects Very Many
Links for the day
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025