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

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Over at Tux Machines...
GNU/Linux news for the past day
 
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day