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

Change Control and What Will Come After Git (If That's Still Possible at All)
It would be wrong to believe (at least misguided) Git can be a "standard" skill 30 or 50 years from now.
On the Web, HTTPS Has Actually Become a Privacy Problem (Broadcasting Usage/Access to the All-Seeing CA Eye). Geminispace Doesn't Have This Problem.
Down to 23 capsules: the rapid demise of Certificate Authority (CA) Let's Encrypt in Geminispace
Links 07/10/2024: Politics, Education, Wars, Financial Crunch
Links for the day
Munich Was Having Real Difficulties Moving From GNU/Linux to Windows
How many are still using GNU/Linux?
Links 07/10/2024:China’s 'Deflation' (Price Decreases), Brazil Still Bars Twitter ("X")
Links for the day
Links 07/10/2024: "Creative Computing" Turns 50, Long War in Middle East Turns 1
Links for the day
Gemini Links 07/10/2024: Luck and Dishonesty, Gaming Getting Worse
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 06, 2024
IRC logs for Sunday, October 06, 2024
EPO: We Give Recognition to Frauds
Good to see some frank recognition right there in the EPO's own Web site
Even Though We Don't Focus on statCounter for Now (Not Our Top Priority) GNU/Linux Reaches New Highs This Month:
We caught GNU/Linux at 4.86% before, but only temporarily
Links 06/10/2024: Ham Radio for Recovery, Health Problems Worldwide
Links for the day
Gemini Links 06/10/2024: Special Interest Galore and Religion
Links for the day
Keeping Control Out of Dictators' Hands
When people are just "numbers"...
Links 06/10/2024: Misinformation Growing on the Web, "Hey Hi" Hype Waning for Lack of RoI
Links for the day
[Meme] Years Have Passed and EPO Management Still Isn't Obeying a Ruling From a Court Regarding Communications Between Staff
Representatives talking to their staff is "privacy violation"?
Presentations of the Staff Union of the European Patent Office in Its Headquarters Tomorrow After Work
Annual General Meeting and reports
Gemini Links 06/10/2024: SSH Keys and Hobby Game Development
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 05, 2024
IRC logs for Saturday, October 05, 2024
[Meme] How to Keep Granting Hundreds of Thousands of Fake Patents (Without Upsetting Anybody in Politics and Media)
This is very Kremlin-like
EPO Examiners to Adopt Resolution Condemning EPO Management for Breaking the Law in Order to Grant Many Illegal Software Patents
Europe's second-largest institution (EPO) is a law-breaking institution hiding behind the veil of "law"
[Meme] Sup, Nazi?
"Come back, one year"
Calling "Nazi" and "Right Wing" Everyone Who Does Not Agree With You (Even Leftists Whose Views on Some Issues Slightly Differ From Yours)
Oil money has become exceptionally notorious for takeover of online platforms and institutions/NGOs (using them to incite society inwards, not upwards)
EFF Losing the Plot
Like the Linux Foundation and OSI, the EFF has succumbed to corporate influence and is derailing itself (along with its original mission)
Links 05/10/2024: Patents Being Squashed, EFF Insists on Children's Access to Porn
Links for the day
Gemini Links 05/10/2024: Multitudinous Agreeable Futures and Misfin Mail
Links for the day
EFF Celebrates Microsoft Windows and Microsoft Office as "Digital Inclusion", Mocks GNU/Linux-Based ChromeOS
Yet another example/evidence that EFF has become a rotten pile of junk
Links 05/10/2024: Amazon Culling 14,000 Managers, About 160 People Resign From Automattic
Links for the day
Microsoft Moles in Nerdearla, Openwashing and Whitewashing Microsoft With Its Latest Ponzi Scheme and Storytelling
Also GPL violations en masse
The Danger of Outsourcing Your Platform to Social Control Media and Getting "Information" There
Stella is probably not aware of what she has just done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 04, 2024
IRC logs for Friday, October 04, 2024
Links 05/10/2024: Shift to ARM, Microsoft XBox Crisis
Links for the day