Bonum Certa Men Certa

Patent Exhaustion and Implosion Will Follow Patent Maximalism in the Far East, But Low-Quality Patents May be Strategic

This is already happening in the US quite a lot

Patent Exhaustion



Summary: Patents that are being granted in spite of weakness in courts (lacking legitimacy/merit) help increment overall patent counts but not innovation and therein lies a long-term bargaining strategy that's antithetical to the real (or original) purpose of patents

ONE key trend we have been covering several times so far this year is the hostility of Japanese courts towards weak patents, such as software patents. Japan has, traditionally, been relatively friendly toward such patents. Is that ending? Is JPO merely pulling a 'poker face'?



"Japan has, traditionally, been relatively friendly toward such patents. Is that ending?"Writing from Honk Kong, one law firm from the region ignores or sidesteps the ban on software patents in India. Having documented the lies or spin from law firms operating in the region, we are hardly surprised to see more of the same. Here is an important admission:

India has a new set of guidelines for examination of computer-related inventions that are more favourable to patentees. But Indian IP practitioners see ambiguities that may lead to unsuitable patents being granted


It's quite likely that Indian courts would not tolerate any software patents (even if these got granted by examiners). It's the same situation as in the US post-Alice.

Why is such old news being revived by software patents hopefuls that never wrote any software? Well, just look who published it. It's Managing IP. It also promotes the EPO's pet illusions. Managing IP has in fact just reposted this article about Singapore belatedly realising patent quality matters. Will they ever learn? Will the EPO ever learn too?

"It's quite likely that Indian courts would not tolerate any software patents (even if these got granted by examiners)."Over at Lexology, a site for law firms, a law firm has just stated: "On April 1, with its recent guideline changes, the Chinese Patent Office lowered the bar of patentability for software and business method patents."

Well, we wrote a lot about that at the time. Why bring that up all of a sudden? There was another one from Lexology at around the same time and it said:

As more and more innovators in China have developed new business models by making use of computer science and internet technology, patent protection of software-related inventions has become one of the hottest topics in the intellectual property field in this country. For example, the concept of “Internet Plus” has been very popular in the recent two years, which means utilizing internet technology to improve the business models of traditional services, and whether to and how to protect such new business models with patents has caused many discussions in China. On this background, the Guidelines for Patent Examination and related patent examination practice have been updated to meet the increasing demands for protecting software-related inventions, and now there is an unprecedented friendly environment for patent applications involving software and especially business methods.



Like we showed before, China would happily grant patents on just about anything; patent quality there is a laughing stock and probably a call for patent trolls. If they cared much for the Chinese market...

"They're collectors rather than inventors."But we have a theory about this; China isn't misguided, it's just thinking of a defensive strategy against the US. There are many reports about Trump's "IP"-themed assault on China and IAM too wrote about it (this was the subject of mainstream media coverage too). Now that China receives about a million patent applications per year it can simply play a numbers games and pretend that its many shallow patents (granted by SIPO) stand up against or cancel out USPTO patents. Maybe this was the thinking and the strategy all along. Maybe china has been piling up lots of useless, worthless, bogus patents (even giving incentives for people to pursue these) just because quantity matters to them, much like in the US patent system. They're collectors rather than inventors. The above article says that "the Chinese Patent Office lowered the bar of patentability for software and business method patents."

Well, obviously, but how many of these are actually enforceable in court? Probably close to nothing.

Recent Techrights' Posts

Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
 
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025