Bonum Certa Men Certa

'Patent Imperialism' in the United States and China

They believe that by amassing millions of low-quality patents they will perpetually maintain dominance and glory

Classic Vienna



Summary: Patent maximalism, which is encouraged and always glorified by the World Intellectual Property Organisation (WIPO), threatens to accomplish nothing but associating patents with self-destructive lawsuits that divert economic capacities from research and development to patents and litigation (passage of power and wealth from science and technology to law firms)

Thanks to Cablegate (2010), we already know about ambitions of a global patent system (we wrote quite a lot about this around 2011). But whose globalism? In Cablegate we see ambitions of a USPTO-like or US-leaning system worldwide (the EPO moved closer to that, more so than IP5 on average) and putting WIPO aside, why would anybody want that? What about the hundreds (about 200) nations that don't dominate the world's economy? What's in it for them? What about high-density and large populations like Nigeria, Brazil, India, Indonesia and so on? Should billions of people become indebted to or beholden to some corporations halfway across the world? Does unification of systems or a sort of convergence benefit the public or does that benefit large multinational corporations and billionaires? In practice, due to political dynamics, it's usually the latter. We already saw how a 'cartel' of patent law firms crafted and then attempted to force-feed (ratify) the UPC all across Europe, basically helping patent trolls from other continents blackmail many SMEs across Europe (profitable for patent law firms, representing both plaintiffs and defendants).



"We already saw how a 'cartel' of patent law firms crafted and then attempted to force-feed (ratify) the UPC all across Europe, basically helping patent trolls from other continents blackmail many SMEs across Europe (profitable for patent law firms, representing both plaintiffs and defendants)."Anyway, yesterday IAM wrote more of its Chinese jingoism over the patent system of China (because it had fully embraced patent maximalism some years ago). The vast majority of patent lawsuits in China may still be initiated by Chinese firms, some government-connected monopolies in fact, and the targets are often foreign companies they hope to drive out. That's a very high cost for PRC/CPC/China/Xi to pay just to pretend that it has an innovation surge (measured wrongly by number of monopolies) and counter sanctions/fines in case of trade wars, which seem inevitable now.

IAM, echoing the headline (more or less) in Twitter, basically quotes only the patent microcosm (as usual):

Beijing has a reputation for deep patent expertise in its courts and is a favoured venue for overseas companies. But Lui has found that foreign parties enjoy a high success rate across the whole of the country. In cases that resulted in a verdict, foreign plaintiffs won 29 and lost just 8 – a conversion rate of about 78%.

But 24 other cases were withdrawn. It is hard to get a good read on what these presumed settlements mean. Chinese practitioners say that one reason for the high winning rate of all plaintiffs in China is that it often becomes clear during the course of a case if a plaintiff is unlikely to succeed – technical determinations made by judges’ assistants can be decisive. So we really cannot assume that the larger share of settlements will be on terms favourable to the plaintiff.


At the end, this patent policy of China benefits law firms but not practicing (real) companies. Chinese companies are complaining about this (to the extent they can given the oppressive levels of censorship). Law firms are staging a sort of 'coup' there.

Speaking of China, mind this morning's nonsense from the patent microcosm (Managing IP with some self-promoting law firms). The headline says "Global blockchain patent filing increased three-fold in 2017," but actually the use of that word tripled (it's a fairly new term), that is all. That's just how patent maximalists try to seem 'cool' or 'up to date', basically by adopting hype waves.

"But never let a good propaganda opportunity get in the way, with 'sensational' headlines such as "patent filing increased three-fold in 2017" (misleading at best)."According to them, in 2016 there were 59 such patents counted in China (top of the table) and in 2017 226. But don't expect them to be able to read these patents; not only is their quality dubious; they're likely authored in a language nobody at Managing IP can even pronounce.

But never let a good propaganda opportunity get in the way, with 'sensational' headlines such as "patent filing increased three-fold in 2017" (misleading at best).

We often wonder why WIPO is so eager to embrace low-quality patents from China just to fake so-called 'growth' (of monopolies). But we know the answer. WIPO is the mother of all patent maximalism and it derives its very relevance/clout from such astronomic increase in the number of patents (mostly Chinese). I too can create (in theory at least) a patent office, but WIPO would not recognise it. This whole thing is a back-rubbing exercise, just like national delegates at the EPO (typically heads of national patent offices) offering protection to the insane Battistelli. These people are staging a sort of coup, wherein law firms gain at everyone's expense (companies, the public, governments).

As if things weren't already mad enough, the US now asserts/claims to have patent authority over New Zealand, whose patent laws vary (there are exclusions regarding software patents for instance). Together with the R Street Institute (a recent trend), the EFF's Daniel Nazer has just weighed in on WesternGeco LLC v ION Geophysical Corp. under the headline "EFF to Supreme Court: Don’t Turn US Patents Into Worldwide Patents". To quote:

The general rule in patent law is that each country has its own patent system. If you want damages for sales in the United States, you need a U.S. patent. If you want damages for sales in New Zealand, you need to get a New Zealand patent, and so on. A case currently before the U.S. Supreme Court threatens to disrupt this system by allowing worldwide damages for infringement of U.S. patents. Together with the R Street Institute, EFF has filed an amicus brief [PDF] in the case explaining that extraterritorial damages are inconsistent with the Patent Act and would hurt U.S. innovation.

The case, called WesternGeco LLC v. ION Geophysical Corp., involves damages for overseas patent infringement. Literally. WesternGeco owns a patent that covers a method of conducting marine seismic surveys. ION exported components that, when combined, were used to infringe the patent. Under Section 271(f) of the Patent Act, exporting components of a patented invention for assembly abroad is considered infringement. Accordingly, WesternGeco received damages for the sales of the components. The question in the case is whether WesternGeco should also receive lost profits for the use of the invention overseas (even though that use is not itself infringement under U.S. law).


Remember that the notion that patent numbers should always rise is misguided if not grotesque. All it does is, eventually, might be surge in litigation activity. We know who gains/benefits from it and who loses (or at whose expense those gains are made).

Keep the patent systems rational or risk the concept of patents losing its legitimacy (public support) altogether.

Recent Techrights' Posts

IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
 
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025
Financiers and Sponsors of the Slop Hype (Pyramid Scheme Waiting to End, Bubble That Will Inevitably Implode)
It's also burning the planet
Slopwatch: Fake Articles About "Linux", Google Helps Ponzi Schemes and Slopfarms in Google News
Slopfarms are a real pain
Gemini Links 29/08/2025: Retiring at 62 and URL Filtering HTTP(S) Proxy on Qubes OS
Links for the day
Links 29/08/2025: Lisa Cook Sues Convicted Felon and Backdoor Mandate in UK Resisted
Links for the day
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day