Bonum Certa Men Certa

China Belatedly Tackles Patent Trolls, Albeit After Giving Them the Green Light With Broad and Low-Quality Patents Such as Software Patents

SIPO/EPO race to the bottom takes its toll

Paper cut



Summary: An epidemic of patent trolls outside the United States is a real problem and officials are able to recognise it; in Europe, however, the EPO is largely apathetic and actively helps pass legislation to further assist these trolls

THE EPO is a lost cause which grants software patents routinely and flagrantly breaks the rules, the law etc. In contrast, the USPTO has become tougher on software patents (see this local news site about "recent local patents awarded") and the US courts more so. There aren't so many patent cases involving software patents anymore. China has become pretty much the only large country to formally allow software patents and it's hardly surprising that it's being exploited by patent trolls.



"China has become pretty much the only large country to formally allow software patents and it's hardly surprising that it's being exploited by patent trolls."IAM, for a change, uses the term "patent troll activity" in its headline, which is rare (they typically promote patent trolls who fund them and use euphemisms/PR terms/acronyms to describe these). The headline says "Husband and wife accused of patent troll activity face criminal extortion charges in Shanghai". So, at least in some sense, if in China you're a patent troll the government will see you for what you are: an extortionist. In the US, however, it's just "business as usual"; it's considered acceptable as trolls have lobbyists who 'normalise' it and some even receive eulogies when they die like their spiritual leader. From IAM:

Two people have been charged in what could be China’s first criminal prosecution of alleged patent trolls. On 21st July, prosecutors in Shanghai announced a criminal case against a married couple who had obtained patent settlements with a series of pre-IPO companies using litigation, reports to securities regulators and, in at least one case, forged documents. It’s a sign that criminal authorities are taking a close look at business practices around China's fast-growing patent assertion environment. The couple, pseudonymously surnamed Li and Sun, are patent agents by profession, IAM understands.


What about Europe, where patent trolling has been on the rise? Well, some are still salivating over the UPC, falsely believing that it is about to come. Yesterday we saw this tweet which said: "Interesting @ para 151 of the White Paper, UK commits to remaining in the Unified Patent Court, which refers to the CJEU for preliminary rulings, binding on the UPC. Anyone noticed? "

"It did not commit to it," I've corrected her, as it's untenable and there's more spin about it. António Campinos actively participates in this spin and yesterday someone (from Klunker) also mentioned this patent troll in Europe:

In a joint effort with colleagues of @Preu_Bohlig we could nullify #monitoring #patent EP1196856B1 (goo.gl/dEeWpt) of #PatentTroll #PacketIntelligence thus endig their #litigation campaign against @HPE, @Sandvine and @HuaweiEU in Europe. Will surely have an impact on US pic.twitter.com/KLg9y3zYpr


It's rather reassuring to see recognition of this problem in Europe and in China, not just in the US. Patent trolls offer nothing to society, to the economy etc. It's just blackmail, pure and simple.

Recent Techrights' Posts

The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
 
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026