Bonum Certa Men Certa

Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

Section 101 is like patent reform 101

Korea software patents



Summary: A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate

AS SOFTWARE DEVELOPERS often insist, copyrights are enough for them. These protect against misuse, plagiarism and so on. Software patents, given the inability to inspect binary files and properly study them, don't add any more protection.



A patent law firm from South Korea (i.e. parasites that make no actual software) started the week by trying to make a case for software patents (see the above screenshot). Here is the opening part which speaks of rejection of such patents:

In recent years, there has been substantial interest in changing existing law and practice in order to expand the protection for computer program inventions. The Korean Intellectual Property Office (KIPO) sought to enact such a change by officially releasing its revised Examination Guidelines for Computer-Related Inventions on July 1 2014. Three months later, an amendment bill to the Patent Act was submitted to the National Assembly, which attempted to broaden the scope of protection for computer-related inventions (eg, by opening up the possibility of patentees bringing infringement claims against online sellers of an allegedly infringing computer program, something which would not be subject to infringement liability under the guidelines). The National Assembly seemed to recognise that the proposed amendments could have profound effects on the software industry and thus rejected them, noting that more opinions from the industry were needed to gain a consensus on this issue.


As we have already seen in the case of LG and Samsung, Microsoft utilises software patents so as to extort OEMs in South Korea and this month it is pursuing even more money, in essence trying to tax Linux (we wrote about that twice last week). In addition to that, Microsoft creates and arms patent trolls that go after Linux and/or Android. We gave many examples of that in the past and earlier this month we warned that patent trolling was becoming commonplace in China and other countries in east Asia. IAM 'magazine' does not quite see what the problem is and today it has this new article about a silent passage of patents to Oppo, after concerns about the US ITC targeting companies in Taiwan (where many products are actually made) without even a proper trial, imposing massive sanctions that are absolute and ruinous. When companies such as Microsoft use the US ITC in an attempt to simply embargo the competition, using patents that are often dubious (USPTO does a shoddy job), everybody loses. Regarding the problem of trolls in Asia, we see more and more articles from IAM. In the US, says IAM, trolling activity has gone down and Joff Wild finally uses the T word (troll):

The week before last I hosted a webinar for IAM Market entitled Readying a Patent Portfolio for Sale: What You Need to Know to Be Successful. Over 350 people signed up to get the materials and the recording, while close to 200 listened live as presenter Kent Richardson, a partner at Silicon Valley-based Richardson Oliver Law Group, talked through his slides and then answered questions from me and from attendees. It was a fascinating hour, which my colleague Jack Ellis has written up in a blog for the IAM Market knowledge centre (where there are also details about how you can get hold of the presentation, talk and interview).

This week I am in Gothenburg for the CIP Forum and yesterday at a session about defensive patent aggregation something that Kent (who is also here and took part in the session) said during the webinar came back to me. As a firm that does a lot of transaction-based work, ROL closely monitors activity in the patents sales market, in particular packages being offered by brokers. IAM subscribers will know that each year ROL produces an update for us about the activity it is seeing in areas such as pricing, sales rates, package sizes and so on – the next one will be published in issue 81 of IAM, which comes out at the end of November. One of the things it is set to show, Kent stated in our conversation, is that prices finally seem to have stabilised, essentially because they probably could not go any lower, and that for the first time it looks like operating companies are buying more than NPEs are.


Coming from a trolls denialist, the above is interesting. If it's true that trolls have shrunk somewhat (in terms of activity like litigation and acquisitions), then we suspect it has a lot to do with the demise of software patents, as we foresaw all along. Later today we'll show how the US patent microcosm tries to change things for the worse again.

Recent Techrights' Posts

Getting Better After 20 Years
Exactly two months from now this site is turning 20
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
Silent Layoffs, Cool-down, and Cool-off: How GAFAM and IBM Operate (the Law Doesn't Apply to Them)
Laws? What laws?
 
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026
People Who Enforce the GPL Banned From Linux Foundation Board (After Bribes From Prolific GPL Violators), Now They're Banned From Giving Talks at Events
about the "LF" ('Linux' Foundation)
Gemini Links 06/09/2026: The Slop Plagiarism 'Holy War' (Hype, Scam, Scheme), Burning CD-Rs, and Hardcopy Mono
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part IV - Insufficient Resources in the Face of Distributed Denial of Service (DDoS) by Lawyers
it's about 120KG
OpenStreetMap is the Future, Dictatorship is the Past
OpenStreetMap helped us check maps for transport, various overlays with addresses, and there was 0% reliance on GAFAM or "Google" anything
How Strikes at the European Patent Office Are Seen by Striking Staff in Berlin, Germany
We have some more EPO scandals to cover later this year and next year
Association for Computing Machinery Cites Techrights in Relation to GemText and Gemini Protocol
published yesterday, Open Access
Links 06/09/2026: More XBox Trouble (Microsoft Unrest, Many Silent Layoffs This Month), John Duffy as Next USPTO General Counsel
Links for the day
Gemini Links 06/09/2026: Avoiding 'Smart' 'Phones' and Setting up Gemini for the First Time
Links for the day
Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026