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

Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
 
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025