Bonum Certa Men Certa

China Belatedly Tackles Patent Trolls, Albeit After Giving Them the Green Light With Broad and Low-Quality Patents Such as Software Patents

SIPO/EPO race to the bottom takes its toll

Paper cut



Summary: An epidemic of patent trolls outside the United States is a real problem and officials are able to recognise it; in Europe, however, the EPO is largely apathetic and actively helps pass legislation to further assist these trolls

THE EPO is a lost cause which grants software patents routinely and flagrantly breaks the rules, the law etc. In contrast, the USPTO has become tougher on software patents (see this local news site about "recent local patents awarded") and the US courts more so. There aren't so many patent cases involving software patents anymore. China has become pretty much the only large country to formally allow software patents and it's hardly surprising that it's being exploited by patent trolls.



"China has become pretty much the only large country to formally allow software patents and it's hardly surprising that it's being exploited by patent trolls."IAM, for a change, uses the term "patent troll activity" in its headline, which is rare (they typically promote patent trolls who fund them and use euphemisms/PR terms/acronyms to describe these). The headline says "Husband and wife accused of patent troll activity face criminal extortion charges in Shanghai". So, at least in some sense, if in China you're a patent troll the government will see you for what you are: an extortionist. In the US, however, it's just "business as usual"; it's considered acceptable as trolls have lobbyists who 'normalise' it and some even receive eulogies when they die like their spiritual leader. From IAM:

Two people have been charged in what could be China’s first criminal prosecution of alleged patent trolls. On 21st July, prosecutors in Shanghai announced a criminal case against a married couple who had obtained patent settlements with a series of pre-IPO companies using litigation, reports to securities regulators and, in at least one case, forged documents. It’s a sign that criminal authorities are taking a close look at business practices around China's fast-growing patent assertion environment. The couple, pseudonymously surnamed Li and Sun, are patent agents by profession, IAM understands.


What about Europe, where patent trolling has been on the rise? Well, some are still salivating over the UPC, falsely believing that it is about to come. Yesterday we saw this tweet which said: "Interesting @ para 151 of the White Paper, UK commits to remaining in the Unified Patent Court, which refers to the CJEU for preliminary rulings, binding on the UPC. Anyone noticed? "

"It did not commit to it," I've corrected her, as it's untenable and there's more spin about it. António Campinos actively participates in this spin and yesterday someone (from Klunker) also mentioned this patent troll in Europe:

In a joint effort with colleagues of @Preu_Bohlig we could nullify #monitoring #patent EP1196856B1 (goo.gl/dEeWpt) of #PatentTroll #PacketIntelligence thus endig their #litigation campaign against @HPE, @Sandvine and @HuaweiEU in Europe. Will surely have an impact on US pic.twitter.com/KLg9y3zYpr


It's rather reassuring to see recognition of this problem in Europe and in China, not just in the US. Patent trolls offer nothing to society, to the economy etc. It's just blackmail, pure and simple.

Recent Techrights' Posts

Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
 
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day
Links 19/09/2025: Press Freedom Dying in US, Anti-Austerity Strikes in France, and Alan Rusbridger to Leave 'Prospect'
Links for the day
European Patent Office Illegally Gutting and Outsourcing Its Functions, Acting Like an Above-the-Law Commercial Business (It Won't Stop at Formalities Officers (FOs) and Classification Slop at the EPO)
breaking/violating laws and conventions
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025