04.25.17

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In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

Posted in Asia, Patents at 7:51 am by Dr. Roy Schestowitz

LexOrbisSummary: The latest example of software patents advocacy and patent ‘parades’ in India, as well as something from IPOS in Singapore

THE USPTO has shifted in a direction similar to that of India, i.e. no software patents, at least not without some loopholes that would most likely fail to convince courts (so the patents are no longer potent, at least once challenged).

“LexOrbis is not a software firm; it’s an enemy of many and it uses terms like “Computer Related Inventions” (CRI), which just like CII is a dodge from the term that would instantaneously disqualify patents.”Several weeks ago we saw LexOrbis promoting Indian software patents at IAM and elsewhere, based on flawed logic. These opportunists, spinners and self-serving staff of LexOrbis keep lobbying against India’s laws not because they care about software but because they want to prey on software developers, using patents on software. The latest such piece is “India: Need ‘SoftPatents’ for Software Inventions” and it shows them trying to work around the law, then concluding with “let us keep looking for that inventive step in ‘software inventions’ and file patent applications for Computer Related Inventions.”

Or how about quit meddling in software? LexOrbis is not a software firm; it’s an enemy of many and it uses terms like “Computer Related Inventions” (CRI), which just like CII is a dodge from the term that would instantaneously disqualify patents.

“Just because patents become available for something doesn’t mean one will produce a better product or “think harder” or “innovate better”.”Elsewhere in the Indian press today, the patent microcosm maintains an atmosphere of confusion and mass deception. Here, for example, we have a new article titled “India leads Asian peers in growth in filing patents” — a piece which asserts that it’s something to be celebrated. Corporate media wants us to think that more patents mean more innovation and are necessarily more desirable. It’s not that simple. It depends on what these patents cover. Another corporate media ‘genius’ now conflates patents with innovation. Is he just gullible or intentionally dishonest? Just because patents become available for something doesn’t mean one will produce a better product or “think harder” or “innovate better”. It’s a myth.

What is the role model? China! Here is a portion:

China reduces patent fees by 75-80% for people who can’t afford it and has a patent fund to provide cash subsidies for patent applicants and patentees gratuitously.

And what has China gotten out of it? A massive surge in litigation and patent trolls. Is this really desirable? Well, for those who make a living messing around with papers (lawsuits, filings etc.) this is great.

Over at IAM, in the mean time, IPOS is quoted as some sort of authority; they never speak to actual engineers that create something. Daren Tang from IPOS is talking nonsense, resorting to the lingo of patent maximalists who compare monopoly to objects. Remember that it is IAM that keeps attacking India’s patent policy all the time (and almost every week/fortnight this year). We responded to some of it in:

We certainly hope that developers/engineers in India are paying attention and operating in a reactionary manner to all that meddling from the patent microcosm, its think tanks, and cooperative media. They will never rest until (if ever) software patents become legal in India.

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