Bonum Certa Men Certa

East Asia Should Have Adopted the Patent Strategy of South Asia, Notably India

A world map



Summary: China seems to be so interested in patent maximalism that it has lost sight of the effect on foreign investment, e.g. US/European/Taiwanese/Japanese/Korean firms operating/manufacturing in mainland China

TONIGHT we focus a little less on the EPO and USPTO. Let's face it, a lot of software development is nowadays being done in India and virtually all sophisticated hardware is being designed/developed or at least manufactured in eastern Asia, usually in China. India's de facto ban on software patents in the country is working well for the country, whereas in China, where not much Western software development is being outsourced to, software patents are broadened and more widely accepted, especially since one year ago.



As one can expect, radical sites like IAM try to make China a "role model" while constantly shaming India. IAM wrote about an "Indian licensing transparency debate" a few days ago, citing a few patent parasites like "Nokia and Ericsson" in the headline. To quote:

Asian patent owners including Canon, Huawei and Samsung have joined a group of big European companies in asking the Indian Patent Office to stop collecting certain licensing information. The opinions come amidst a public-interest litigation in which Professor Shamnad Basheer is pressing the country's government to more strictly enforce the legal requirement that patentees disclose how they are commercially exploiting the Indian patents they hold. Each year, owners of Indian patents must submit Form 27 – which asks them whether or not the invention covered by the patent is being ‘worked’ in India.


The Indian Patent Office has managed to resist pressure from the maximalists; let's hope it keeps it that way.

"The Indian Patent Office has managed to resist pressure from the maximalists; let's hope it keeps it that way."As for China? A lost cause almost. It's setting itself ablaze with low-quality patents.

"How Lenovo Navigates The Patent Gauntlet" was published a few days ago by Ira Blumberg, a former patent troll lawyer who became disgusted by it (soon to become Lenovo’s head of 'IP'), as mentioned here before [1, 2, 3]. To quote Blumberg:

Most people have no idea of the patent roadblocks their smartphones have to go through before they ever reach the hands of consumers.

Take my company Lenovo, a $50 billion technology enterprise that is one of the world’s top makers of smartphones, tablets, personal computers, and other smart gadgets. We spend tens of millions of dollars each year to patent our innovations. Yet despite all our diligent patenting efforts, Lenovo is still forced to run a gauntlet of patent claims from others.

[...]

For all these reasons, Lenovo and other major companies in the wireless market have joined Via’s LTE patent pool as both licensors and licensees.

It is an axiom of economics that markets function better when there is adequate information and impartial ground rules for buyers and sellers. If patent owners and product makers wish to avoid a repeat of yesterday’s costly smartphone war in tomorrow’s connected car business, we had better bring a lot more transparency and fairness to the patent business.


Lenovo does not seem to initiate much litigation, at least not outside China. In relative terms, Lenovo is not the same kind of giant some Chinese enterprises are, e.g. Huawei.

"Lenovo does not seem to initiate much litigation, at least not outside China."Earlier today we learned that in China, based on a Chinese author, "software patents related to input methods (IM)" cause problems. The country foolishly embraced software patents and this leads to legal chaos (good for law firms). The outline says:

This month, the Beijing IP Court handed down six first instance decisions in an ongoing patent battle between internet search companies Sogou and Baidu. The rights concerned are software patents related to input methods (IM) for Chinese characters. The court called three counts of infringement in favour of the plaintiff, Sogou, and another three decisions for the defendant Baidu. The rulings cap the first round in one of the highest profile competitor cases in China’s internet industry. The two-and-a-half year long dispute has been an attention-getter in China, with the total damages requested reportedly setting a new record for patent litigation...


Sogou and Baidu are not small companies and the above looks like nuisance litigation relying on patents that would not be granted (almost) anywhere outside China. So bear in mind what China does to its own operating/producing companies. It exposes them to a lot of litigation.

"...bear in mind what China does to its own operating/producing companies. It exposes them to a lot of litigation. "Meanwhile, a Taiwanese (arguably in China, but it's a highly political and polarising topic) company everyone knows as "HTC" celebrates this win : "ND of Cal. Dist. Ct. Held Display Patents Asserted Against HTC Were Patent Eligible under 101/Alice..."

The same sort of caselaw that would have rendered all Chinese software patents invalid overnight. HTC was also mentioned this week in relation to Local Intelligence, LLC v HTC America, Inc. et al (US parasite against a Taiwanese company that operates in the US). The court ruled, perhaps incorrectly, that surveillance patents are not invalid under 35 U.S.C. €§ 101 (even though it seems like software patents). The district courts, however, are known for not being as strict as CAFC. The Docket Report put it concisely as follows:

The court denied defendant's motion to dismiss on the ground that plaintiff’s patent for displaying location-relevant communications on a phone encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea.


Shall HTC appeal, it's still possible that this lawsuit will go away. But if this was in China, there would be no €§ 101 equivalent for HTC to rely on. China has become a much riskier market to operate in. HTC can probably take a lot more of its manufacturing back to Taipei (or New Taipei). China has already driven away Korean companies like LG, which like most Taiwanese/Japanese/Korean companies did its manufacturing in mainland China. Has China's forever-ruling party thought about the full implications of such patent policies? Look no further than the Eastern District of Texas in the US. After TC Heartland it has become a massive liability to have any form of business operations there; having even a small branch there would cause a company to risk many lawsuits in notorious courts. And as we explained 3 days ago, "China became the Eastern District of Texas".

Recent Techrights' Posts

Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day
Like Uber, Paypal's Debt Has Shot Up 2.5 Billion Dollars in 3 Months, Now the Mass Layoffs Come to India
even reducing the salaries by offshoring isn't enough to save the company
IBM Eliminating Over 20,000 IBM Workers by Year's End, Insiders Claim
the layoffs are silent
Microsoft "engineers who aren’t critical are let go" this week/month (silent layoffs)
"stack ranking"
Is Microsoft Trying to Kill What's Left of XBox by Year's End?
How many people will still bother purchasing these consoles by the end of the year?
SLAPP Censorship - Part 170 Out of 200: Downtimes
Yesterday traffic skyrocketed here
The Register MS Publishes More Word Salads Promoting "AI" Because It's Paid to Do So
Hype, name-dropping, and scaremongering
Gemini Links 03/09/2026: Google Maps, Gemini's Early History, and Suppressing Slop Plagiarists
Links for the day
Links 03/09/2026: Unsafe Skies, Thunderbird Adopts Proprietary / Vendor Lock-in Traps, "Xbox Live Down Again"
Links for the day
Growing Thirst for Free Software, the LibreOffice Edition
LibreOffice is in "high demand"
Links 03/09/2026: John Ternus Enters Apple Amid Mass Layoffs, Journalist İrem Delice Arrested
Links for the day
Stallman.org Down Due to Virtual Machines Issue, "Senior Engineers are Investigating the Issue" Since Saturday
RMS site down due to virtual machines issues upstream
Linux Foundation is Plagiarism Hub, Linux is at Risk From It
Torvalds never looked weaker and more compromised
Gemini Links 03/09/2026: Back in Japan, Another New Year, Reasons to Avoid Have a "Smart" "Phone", and Rant About Built-in Batteries
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 02, 2026
IRC logs for Wednesday, September 02, 2026