03.22.18

Gemini version available ♊︎

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

Posted in Asia, Europe, Patents at 6:17 am by Dr. Roy Schestowitz

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%.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] [Teaser] “Judge a Person Both by His Friends and Enemies”

    Fervent supporters of Team Battistelli or Team Campinos (a dark EPO era) are showing their allegiances; WIPO and EPO have abused staff similarly over the past decade or so



  2. 'Cluster-Voting' in the European Patent Office/Organisation (When a Country With 1.9 Million Citizens Has the Same Voting Power as a Country With 83.1 Million Citizens)

    Today we examine who has been running the Finnish patent office and has moreover voted in the EPO during the ballot on unlawful "Strike Regulations"; they voted in favour of manifestly illegal rules and for 8.5 years after that (including last Wednesday) they continued to back a shady regime which undermines the EPO's mission statement



  3. The EPO’s Overseer/Overseen Collusion — Part XVIII: Helsinki's Accord

    The Finnish outpost has long been strategic to the EPO because it can help control the vote of four or more nations; evidence suggests this has not changed



  4. [Meme] Living as a Human Resource, Working for Despots

    The EPO has become a truly awful place/employer to work for; salary is 2,000 euros for some (despite workplace stress, sometimes relocation to a foreign country)



  5. Links 20/10/2021: New Redcore Linux and Hospital Adoption of GNU Health

    Links for the day



  6. IRC Proceedings: Tuesday, October 19, 2021

    IRC logs for Tuesday, October 19, 2021



  7. Links 19/10/2021: Karanbir Singh Leaves CentOS Board, GPL Violations at Vizio

    Links for the day



  8. [Meme] Giving the Knee

    The 'knee' champion Kratochvìl and 'kneel' champion Erlingsdóttir are simply crushing the law; they’re ignoring the trouble of EPO staff and abuses of the Office, facilitated by the Council itself (i.e. facilitated by themselves)



  9. Josef Kratochvìl Rewarded Again for Covering Up EPO Corruption and the EPO Bribes the Press for Lies Whilst Also Lying About Its Colossal Privacy Violations

    Corrupt officials and officials who actively enable the crimes still control the Office and also the body which was supposed to oversee it; it's pretty evident and clear judging by this week's press statements at the EPO's official Web site



  10. [Meme] Sorry, Wrong Country (Or: Slovenia isn't Great Britain)

    Team UPC is trying to go ahead with a total hoax which a high-level European court would certainly put an end to (if or when a referral is initiated)



  11. How Denmark, Iceland, Finland, Norway and Sweden Voted on Patently Unlawful Regulations at the EPO

    We look back and examine what happened 8 years ago when oppressed staff was subjected to unlawful new “regulations” (long enjoyed by António Campinos, the current EPO autocrat)



  12. The EPO’s Overseer/Overseen Collusion — Part XVII: The Non-Monolithic Nordic Bloc

    We start our investigation of how countries in northern Europe ended up voting on the unlawful “Strike Regulations” at the EPO and why



  13. Proof That Windows “11” is a Hoax

    Guest post by Ryan, reprinted with permission



  14. Firefox Becomes as Morally Reprehensible as Apple, Facebook, or Uber

    Guest post by Ryan, reprinted with permission



  15. Links 19/10/2021: GNU dbm 1.22 and Godot 3.4 RC 1

    Links for the day



  16. [Meme] [Teaser] GitHub an Expensive and Dangerous Trap (Also: Misogyny Hub)

    The ongoing Microsoft GitHub exposé will give people compelling reasons to avoid GitHub, which is basically just a subsidised (at a loss) trap



  17. Norway Should Have Voted Against Benoît Battistelli's Illegal (Anti-)'Strike Regulations' at the European Patent Office

    Benoît Battistelli‘s EPO faced no real and potent opposition from Norwegian delegates, who chose to abstain from the vote on the notorious and illegal so-called ‘Strike Regulations’ (they’re just an attack on strikes, an assault on basic rights of labourers)



  18. Links 19/10/2021: Sequoia PGP LGPL 2.0+, Open RAN Adoption

    Links for the day



  19. [Meme] [Teaser] Benoît Battistelli, King of Iceland

    Later today we shall see how the current deputy of the head of the EPO‘s overseeing body was in fact likely rewarded for her complicity in Benoît Battistelli‘s abuses against EPO staff, including staff from Iceland



  20. IRC Proceedings: Monday, October 18, 2021

    IRC logs for Monday, October 18, 2021



  21. Links 19/10/2021: MyGNUHealth 1.0.5 and Ubuntu 22.04 Now Developed

    Links for the day



  22. [Meme] [Teaser] Thrown Under the Bus

    Tomorrow we shall look at Danish enablers of unlawful EPO regulations, Jesper Kongstad and Anne Rejnhold Jørgensen



  23. The World Needs to Know What Many Austrians Already Know About Rude Liar, the Notorious 'Double-Dipper'

    Today we publish many translations (from German) about the Austrian double-dipper, who already became the subject of unfavourable press coverage in his home country; he’s partly responsible for crushing fundamental rights at the EPO under Benoît Battistelli‘s regime



  24. The EPO’s Overseer/Overseen Collusion — Part XVI: The Demise of the Austrian Double-Dipper

    Friedrich ‘Rude Liar’ Rödler is notorious in the eyes of EPO staff, whom he was slandering and scandalising for ages while he himself was the real scandal



  25. Links 18/10/2021: Porteus Kiosk 5.3 and Ventoy 1.0.55

    Links for the day



  26. [Meme] [Teaser] More to Life Than Patents

    Greedy sociopaths oughtn’t be put in charge of patent offices; this is what’s dooming the EPO in recent years (all they think about is money



  27. Microsoft GitHub Exposé — Part II — The Campaign Against GPL Compliance and War on Copyleft Enforcement

    Microsoft contemplated buying GitHub 7.5 years ago; the goal wasn’t to actually support “Open Source” but to crush it from the inside and that’s what Microsoft has been doing over the past 2.5 years (we have some details from the inside)



  28. Links 18/10/2021: Linux 5.15 RC6 and 7 New Stable Kernels

    Links for the day



  29. [Meme] The Austrian School of Friedrich Rude Liar

    With reference to the Austrian School, let’s consider the fact that Friedrich Rude Liar might in fact be standing to personally gain by plundering the EPO‘s staff by demonising them while helping Benoît Battistelli crush them



  30. IRC Proceedings: Sunday, October 17, 2021

    IRC logs for Sunday, October 17, 2021


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts