Bonum Certa Men Certa

Mythology About Patents in the East

Related and recent: In Just a Few Years China Became the Eastern District of Texas

Watchers



Summary: Misconceptions (or deliberate propaganda) about patent policy in the east poison the debate and derail a serious, facts-based discussion about it

TECHRIGHTS is generally focused on the EPO and USPTO, not only because they account for the lion's share of capital but also because English is their official language and it's close to us (we're based in the UK, the servers are in the US, and many volunteers/community members are in the US).

"India generally recognises -- as many patent examiners do as well -- that patent quality is what matters and economic justification is needed for any patent."We sometimes look at smaller patent offices and also look eastwards. Over the weekend we wrote about IP Australia in relation to Grant Shoebridge's article; he and the firm he works for must be paying to repost it in more sites, basically lobbying for expansion of patent scope because IP Australia sought to improve productivity by narrowing the scope of patents.

Further north there are three major patent offices, all part of IP5: Japan's JPO, Korea's KIPO and China's SIPO (the "Five IP Offices" (IP5) are JPO/EPO/KIPO/SIPO/USPTO).

Benjamin Henrion has just (late on Monday) pointed out this paper titled "The Japanese Software Industry: What Went Wrong and What Can We Learn from It?".

"Software patents as metric fails to take in account the majority of software companies that do not have patents," Henrion correctly noted. I responded with:

Simplest way to rebut this BS 'paper'... Hypothesis: software patents good for software industry Falsified by: 1) India banned software patents 2) China allows them (one of the few countries) Which one is a software powerhouse?


We actually brought up this point less than one week ago. It needs to be repeated as much as possible because we continue to see lies repeated about China's patent policy against India's. They get it all backwards. Maybe it's intentional and therefore disingenuous. Less than a day ago (Watchtroll's Steve Brachmann on Monday and then IP Kat as well) patent maximalists carried on with their glorification of China [1, 2] in the context of so-called 'IP'. They try to make China some kind of 'role model', never mind if it's India that's thriving in the software sector, owing in part to the ban on software patents in India. An Indian patent maximalism blog has just published this "Weekly Patent News" post. Under "Indian Patent Statistics" it says:

A total of 1003 patent applications have been published in the 16th issue of the patent journal marking a modest increase of about 13.07% in the total number of patent applications published. Out of the 1003 applications, 55 applications account for early publications while 948 applications account for ordinary publications or publications occurring after the 18 month period. A total of 231 applications have been granted this week as opposed 176 grants in the previous.


Notice the absolute numbers. Also remember that India is not in IP5. India generally recognises -- as many patent examiners do as well -- that patent quality is what matters and economic justification is needed for any patent. Just throwing millions of low-quality patents into a repository (like China does with SIPO) isn't indicative of "success"; it's just a self-fulfilling prophecy that's hinged on lies like "patents are innovation" and "innovation depends on patents" (coming around full circle).

Recent Techrights' Posts

10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
 
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026