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04.27.17

China’s Suffering From Patent Maximalism Has Europe Forewarned

Posted in Europe, Patents at 10:54 am by Dr. Roy Schestowitz

Related: ‘SIPO Europe’: The EPO’s Race to the Bottom of Patent Skills and Patent Quality

The Chinese Are Coming

Summary: The parasitic elements inside China — those that just want lots of litigation (even if from patent trolls) — are winning over, much to the detriment of the Chinese economy, and Team UPC threatens to do the same in Europe with help from Battistelli

THE direction China has taken with patents is worrisome. We have written about a dozen articles about it in the past few months alone. China is basically destroying itself with patent maximalism; those who envy China are patent maximalists from the West but never actual businesses.

According to IAM, a site of patent maximalists, China is now “a key patent litigation hub” and it “poses challenges for its companies” (that’s the headline alone). To IAM, this is probably a good thing; they probably think it sounds all lucrative and jealousy-worthy. “While new software patent rules and overseas cases like the recent Unwired Planet v Huawei decision were discussed,” IAM says today, “it was clear that one of the biggest issues companies are grappling with is China’s new IP court system…”

“China is basically destroying itself with patent maximalism; those who envy China are patent maximalists from the West but never actual businesses.”Well, patent maximalism necessarily leads to that. This, some believe, is why Battistelli wants patents granted at a mad pace — to feed his fantasy of a UPC! Who needs examination anyway when there are courts? Never mind if the innocent defendant might be forced to pay a fortune to prove his/her innocence. The plaintiff too can spend a fortune only to see his/her own patent invalidated by a court. That question was purely sarcasm by the way. Because examination is definitely needed. That’s the whole point of it.

Who benefits from the destruction of China’s economy at the hands of a gold rush of patents? Well, Patent law firms like this one, Reinhold Cohn & Partners, which today speaks of “Brighter Prospects For Patent Protection In China” (headline of an article by Rachel Lu and Ilan Cohn).

Based on the name of this firm, it’s not even Chinese. It’s just preying on the Chinese economy using patents.

“It’s just preying on the Chinese economy using patents.”Meanwhile, upon that lobbying event called “World Intellectual Property Day” (of WIPO), citing SIPO (eager for propaganda that creates more demand for it), published today by Chinese state media was this article stating: “Satisfaction to IPR protection rated 72.38 (out of 100), said the report issued by the Patent Protection Association of China, China Trademark Association and Copyright Society of China to mark the World Intellectual Property Day on Wednesday.”

This isn’t an actual study from an independent entity. This mirrors all those fake ‘studies’ and bogus statistics we so habitually hear about from the EPO. This is the Office where patents run like water and examination is merely a shadow of its former self. A lot of the talented people left, yet somehow (miraculously) so-called ‘production’ soared by 40% in one year.

“It certainly seems like everything to do with justice at the EPO has been outsourced, not necessarily to ILO (which the EPO’s management ignores anyway) but to a ruinous and non-existent UPC which Battistelli is so eager to make a reality that he lies, cheats, and breaks the law.”Watch this new press release titled “EPO intends to grant patent in microwave tomography”. It says “EUROPEAN PATENT OFFICE (EPO) INTENDS TO APPROVE (SO-CALLED INTENT TO GRANT) MEDFIELD DIAGNOSTICS A PATENT IN MICROWAVE TOMOGRAPHY,” but recent experience suggests that the EPO intends to approve just about anything, sloppily (or erroneously reject), leaving the courts (already understaffed and marginalised) to deal with the aftermath, just like in China. Here is another new press release [1, 2], this one about the USPTO. At the USPTO they at least have PTAB now and it's growing, unlike the appeal boards at the EPO. It certainly seems like everything to do with justice at the EPO has been outsourced, not necessarily to ILO (which the EPO's management ignores anyway) but to a ruinous and non-existent UPC which Battistelli is so eager to make a reality that he lies, cheats, and breaks the law. More on that in our next post…

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