Bonum Certa Men Certa

East Asia is Known for Hardware Innovations, Not Software Innovations, and Software Patents Will Do the Latter No Favours

By granting patents even on abstract concepts such as algorithms, China and Japan (but not Korea, which forbids software patents) leave India all the liberty to develop software without fear of ruinous lawsuits

"The day that the software sector forms a clear front against software patents, as pharma does for a unitary patent system… will be the day our cause comes close to winning."

--Pieter Hintjens, Fosdem07 Interview



Summary: China’s and Japan’s patent systems continue to be liberal on software patents, but this is actually a very bad thing which in no way favours software developers; it actively harms their work

"China’s IP office has released new guidelines that include a reduction in restrictions on software patents. Observers say it is not clear how big an effect it will have in practice," Shaun Tan wrote from Hong Kong for MIP just hours ago. Hours earlier we had noted that China cannot help shooting itself in the foot with this policy. China’s interests are not served but harmed by this. Can they not see it? Who is advising them on these matters? Probably not software engineers but lawyers...



Published over a week ago, on February 21st to be precise, Adriana L. Burgy from Finnegan (Finnegan, Henderson, Farabow, Garrett & Dunner, LLP) wrote this piece that mentions China’s patent policy. Prosecutors from Finnegan obviously try to maximise the damage caused by patents because to them it means profit. Who cares about coexistence and open cooperation (like sharing of code) anyway?

Here is a portion from Burgy's article:

Excess claim fees are not new and are used in many patent offices worldwide. For example, the European Patent Office varies their claim fees for the 16th to the 50th claim and then, again for the 51st and each subsequent claim; when filing a request for examination, the Japanese Patent Office fee is directly proportional to the number of claims; and the Chinese Patent Office charges for claims in excess of ten. Here in the U.S., the basic filing fee includes three independent claims and a total of twenty claims. Today in our post-grant proceeding world, do we need to rethink the number of claims we use to cover an invention?


Another new article, this one about chemical patents, explains how it works in China. We read that with interest as we are trying to better grasp the differences between patent offices rather than rely on lawyers who have their own selfish agenda and belief (like faith, or religion) that more patents are always more desirable.

Here is IAM, part of the the litigation lobby, moaning that "[f]oreign patent owners face big hurdles when seeking to get damage awards and licence fees out of China". To quote:

One consequence is that for foreign companies that win a court case in China, it has reportedly become very difficult to remit any damages they’re awarded back to headquarters. Normally, Chinese courts collect damage money from defendants and turn it over to the plaintiff’s lawyers. But if the winner is based overseas, its lawyers are going to have a very tough time exchanging the RMB award into a convertible currency. Chinese courts can also give damages directly to plaintiffs – if they are foreign companies, this involves asking currency authorities to convert the judgment into, say, Euros. The problem? “Very few courts are willing to risk gaining a reputation for readily sending money overseas," says one China-based lawyer with first-hand experience of the issue. "Nobody wants to step out of line, and very soon infringers will be aware of that."


So perhaps they should quit wasting time with the SIPO, where patent quality is so low that it will become impossible to distinguish between potent patents and waste of paper.

Japan, based on another new article, still grapples with the situation where employers take credit (and 'ownership') of employees' ideas. Changes effective from the first of April 2016 (i.e. exactly one year before the above-mentioned changes in China) address that conundrum and the article explains the scenario as follows: "The Patent Law prescribed that a right to obtain a patent for an invention, which occurs when the invention is made by the inventor, is inherently vested in the inventor, on the grounds that only a natural person (not an artificial person such as a business entity) is eligible as an inventor."

"That's just happens when lawyers (or liars) use terms like "Intellectual Property", lumping together copyrights, trademarks, patents, and even trade secrets."So basically, there's not much for mere employees, i.e. technical people, to gain from patents. It's the lawyers and managers who seem to have an insatiable appetite for plenty of patents. They think differently. They, especially the management, probably don't even know exactly what patents are and how they work; as for lawyers, they don't comprehend the process of research and development. They never did any of that stuff!

"Can I protect my trademark through a patent?"

That's an actual question from this article. That's just happens when lawyers (or liars) use terms like "Intellectual Property", lumping together copyrights, trademarks, patents, and even trade secrets. As long as politicians are mostly lawyers (not scientists) change and honest debates are merely a distant dream. Patent lawyers are to debates about innovation what oil companies are to debates about climate. ⬆

Recent Techrights' Posts

IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
 
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026