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

Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
 
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled