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

Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
 
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026