Bonum Certa Men Certa

Japan is Becoming Firmer on Patents, Whereas China Goes in the Opposite Direction

That is why Battistelli loves talking about China, which is still far behind Japan in terms of its relevance to the EPO

Japan and China at EPO



Summary: Japan has become less tolerant of patent aggressors and more conscious/concerned about patent quality, which is why the patent microcosm would rather hail China as a role model (even when China's overall share of patents in Europe, for example, is about the same as tiny South Korea and a lot smaller than Japan's)

TAKING a little break from the EPO and USPTO, let's look eastwards again. IAM, with its new format and with more paywalls (now digests as well), wrote about JPO a little while ago. It's about Japan's patent office, which has been getting stricter lately (more restrictive in terms of patent scope and harsher towards trolls).



Jacob Schindler, who works for the patent trolls' lobby (IAM), now rushes to pressure/lobby Japan and JPO over changes that are bad/risky for trolls and aggressors. It's hard to say what's behind the paywall, but it's clear that Schindler just gives a platform to (or amplifies) what he calls "patent owners" (IAM calls aggressors and trolls "owners", as if having monopolies is ownership to be protected by private ownership rights). He calls a smart proposal "controversial proposals" and then amplifies parasites. From the summary:

A new draft SEP document released by the JPO last week is not likely to upend licensing practices – but key stakeholders including Ericsson CIPO Gustav Brismark have welcomed key provisions in the new policy. The JPO said it would issue guidelines on SEP negotiation last September, and asked for industry input. The announcement came shortly after it shelved earlier plans to introduce a mandatory ADR system for resolving disputes over Japanese patents declared standard essential. The controversy generated by that idea, which was branded a form of compulsory licensing, ensured a great deal of focus on these subsequent guidelines.


We can imagine that IAM then quotes bullies/trolls such as Ericsson, but we cannot tell for sure. They're hiding that from scrutiny.

Meanwhile, the Japan-based Asics found itself relieved in a lawsuit that was initiated/started a year ago by Adidas, which is notoriously aggressive with patents and trademarks. To quote:

Sports brand Adidas has dropped a patent infringement claim against Asics America, the US subsidiary of Japan-based Asics.

Adidas filed a stipulation for dismissal of the patent case, which involved fitness-tracking patents, on Wednesday, March 14 at the US District Court for the District of Delaware. The court dismissed the suit with prejudice the following day.

Adidas filed the original complaint in March 2017, claiming that Asics America had infringed ten fitness-tracking patents. It also brought the lawsuit against Asics-owned FitnessKeeper, the operator of fitness-tracking app Runkeeper, alleging that FitnessKeeper had used the patents in its My Asics mobile app.


Those are likely software patents, which are pretty worthless once an actual court looks into them. Japan ought to watch these developments and adopt laws accordingly. It's not being well served by patent maximalism and it apparently recognises this, based on the initiative to tackle SEP.

It should be noted that at the EPO they like to speak about China. All the time China, China, China... Team Battistelli is overplaying the role of China* (which still lags behind tiny Japan in terms of applications).

Why is patent maximalists' media still obsessing over China? Because SIPO is patent maximalism gone chronic? Here is what IP Watch wrote yesterday (helping the patent maximalists from WIPO) and what Managing IP published some hours ago, saying that "China is on course to overtake the US in three years as the largest source of applications filed under WIPO’s Patent Cooperation Treaty."

So what? It says nothing about the actual quality of patents. WIPO counts SIPO patents as equal. WIPO staff cannot even read these. _____ * "Registration deadline for the East Meets West conference has been extended to 5 April," the EPO wrote yesterday. But Asian patents do not count for much at the EPO. Battistelli et al love to shout about "China!" while it only accounts for 5% of applications. Japan is at 13%.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day