Bonum Certa Men Certa

Patent Maximalists in Europe Keep Mentioning China Even Though It Barely Matters to European Patents

EPO white flag



Summary: EPO waves a "white flag" in the face of China even though Chinese patents do not matter much to Europe (except when the goal is to encourage low patent quality, attracting humongous patent trolls)

PRESIDENT António Campinos continues the tradition of his predecessor, posing with Chinese officials as if China is strategic to Europe's patent system. Campinos and the man who gave him the job possibly fancy China because of its notoriously low standards/quality of patents, which in turn usher software patents into Europe ('normalising' this illegal practice, which is only legal in China).



“As EPO insiders are well aware, China accounts for a very small proportion of European Patents (Japan is way ahead and tiny South Korea is just about on par)...”A European Patent Office (EPO) director, Peter Albrecht, speaks to patent maximalists, for one can assume that to become a director (or Director) at the EPO one must be a patent maximalist (to get promoted to that position if not just to keep that position).

As EPO insiders are well aware, China accounts for a very small proportion of European Patents (Japan is way ahead and tiny South Korea is just about on par), yet this propaganda site of patents on life/nature (Life Sciences Intellectual Property Review is exactly that) uses Albrecht as follows, citing a lobbying event/think tank called "LSPN Europe". Here they go:

Last year, for the first time in European Patent Office (EPO) history, a Chinese company filed the most European patent applications, making an “impressive statement” on what companies in the country are doing, according to Peter Albrecht.

Albrecht, who serves as principal director of the EPO’s healthcare, biotech and chemistry sector, was speaking at LSPN Europe 2018 today.

In 2017, electronics company Huawei claimed the top filing spot with 2,398 patent applications, in a move that Albrecht said was a “surprise”. Huawei bumped Siemens (based in Germany) into second place, ahead of competitors LG, Samsung and Qualcomm.


In China those few very large companies are typically connected to the government and they have a lot of patents; this gives the false impression that China matters a lot to the EPO. But it doesn't. Less than one in 20 European Patents/applications are Chinese in source/origin.

“IAM isn't against trolls but against the narrative, i.e. against trolls being called "trolls".”Meanwhile, CCIA's main patent person wrote that “[t]he [Chinese] media has come up with new Chinese coinages translating to ‘patent scoundrel’ ‘patent cockroach’ and ‘patent monster’.” Patent troll suddenly seems so dated and staid."

This is also based on an old report from IAM (from a Chinese-speaking writer); IAM isn't against trolls but against the narrative, i.e. against trolls being called "trolls". IAM's 'PR' campaign for IPEL, a patent troll looking to prey on China (see some background in [1, 2]), is hard to forget; it was recently mentioned again by Managing IP, another proponent of patent trolls.

The article cited by the above says:

A recent article titled “Why non-practicing entities are good for China” has attracted notice in the English-language IP blogosphere. Originally featured on Chinese IP news site Zhichanli, which is affiliated with litigation data provider IP House, the article puts forth the case that greater activity by foreign NPEs in China can lift the value of Chinese patents, boosting the entire innovation ecosystem. By contrast, it warns, “failing to embrace foreign NPEs would immediately tell investors around the globe that Chinese patents are a bad investment”.

The article was posted by Zhichanli’s news editor, but contains a note explaining that it was compiled based on "relevant" material and does not necessarily reflect the site’s own point of view.

Much of the article focuses on iPEL, the NPE helmed by Brian Yates and Rasheed McWilliams that announced it had raised $100 million to buy and monetise Chinese patents earlier this year and claims to own around 1,000 former Huawei and ZTE rights. iPEL is framed as a company that is entering the market to target overseas infringers that are “stealing intellectual property from Chinese companies”. The NPE could hardly come off better if the article were written by Yates himself.


We already published about a dozen articles about how China (or "CHINA!") was exploited by patent maximalists to manipulate politicians and steer agenda/policy, based on fear, hate, jealousy, and stigma. Similar political strategies exploit "RUSSIA!" but Russia isn't too keen on this domain, so the patent maximalists typically settle on "CHINA!"

“The EPO needs to ask itself who or what it serves; as it stands at the moment it serves neither Europe nor science and instead it serves patent trolls/lawyers, irrespective of where they come from.”One has to be careful about these thinly-veiled xenophobic tricks or pseudo-patriotism if not overt nationalism. They make China seem like a potent threat based on patents that aren't even prevalent in the West. But such is the agenda of sites like IAM, which does this to India as well; they wrote about Dolby in relation to India some months back and days ago they issued the latest 'PR' for Dolby's patent aggression (in their site and in Twitter).

The EPO needs to ask itself who or what it serves; as it stands at the moment it serves neither Europe nor science and instead it serves patent trolls/lawyers, irrespective of where they come from. Obviously that's a problem -- one that well-educated patent examiners can recognise and routinely warn about publicly.

Recent Techrights' Posts

Oman in 2025: GNU/Linux Growing to 5%
what can Microsoft do about it except sabotage the PCs?
Microsoft Shares Collapse Again (Down $101), Fifth Round of Microsoft Mass Layoffs in Less Than 100 Days in 2025
disaster
Windows Has Fallen to All-Time Lows in Switzerland Since GNU Celebrated 40th Anniversary (GNU’s 40th Birthday in Biel, Switzerland)
GNU/Linux has been doing well in Switzerland
 
Microsoft Problems in Europe Even Before the Cheeto Tariffs
The case of Romania, Europe's notorious Microsoft fan
Links 07/04/2025: US Measles Fatalities and China Launches HDMI and DisplayPort Alternative
Links for the day
Links 07/04/2025: More Cuts to Science Funding, Snail-speed Internet in Germany
Links for the day
Gemini Links 07/04/2025: Leasehold and Safe Gifts
Links for the day
In Some Countries, Laptops and Desktops Become a Dying Breed (Even Before Tariffs), Windows Has Nowhere to Go
expect more GNU/Linux on new and existing laptops
When the Credibility or 'Quality' of Clients Ceases to Matter, It's About Helping Rich Companies Like Microsoft Censor Critics (No Matter the Risks)
Bad ideas typically result in undesirable outcomes
UAE: GNU/Linux and Android at Record Levels, Windows at New Lows and Falling Below Apple
Even iOS is measured as bigger than Windows this month
Links 07/04/2025: Reddit Occupied (Social Control Media Controlled by Oligarchy), Demise of Globalisation Ongoing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 06, 2025
IRC logs for Sunday, April 06, 2025
Links 07/04/2025: Leaving Gemini/smolweb and Mastodon Migrations
Links for the day
In Iraq, Windows 3.1 (Percent)
There's also zero
One Person's Take on Jef Spaleta, the New Fedora Project Leader
"With a little searching, I wonder what else may be found regarding Microsoft."
Links 06/04/2025: Flood, Cool Gemini Capsule, and Long Form
Links for the day
Links 06/04/2025: Science, Politics, and Pricier Goods
Links for the day
LLM Slop Has Virtually Killed unixmen.com and Many Other Sites
There's no longer any incentive to write real articles in there
Sharp Declines for Microsoft Windows in Bangladesh (Pop. ~175,000,000), Big Gains for GNU/Linux
Microsoft Windows has been having a really hard time in poor countries
Links 06/04/2025: Fake Reviews, Privatisation Heists, and "AI" as Smokescreen for Impoverishing Humans
Links for the day
Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?
Open Source Initiative (OSI) Privacy Fiasco in Detail: What Was Reported to the California Privacy Protection Agency (CPPA)
We hope to finish this whole lot within a week, then move on to election, lobbying etc.
Links 05/04/2025: Tariffs Backfiring, YouTuber Arrested, X/Twitter Set to be Fined
Links for the day
Gemini Links 05/04/2025: Offline is For Everyone, Copyright Colonialism, and More
Links for the day
Links 05/04/2025: TikTok Unsold (Still), Royal Society is Dead
Links for the day
Techrights Will Spend the Next Few Years Writing a Lot About Strategic Lawsuits Against Public Participation (SLAPPs)
It's a growing problem
The State of EPO Staff's Health in Rijswijk or The Hague
We're going to cover the EPO some more later in the month
NVIDIA Corp Lost 36% of Its "Value" Since Cheeto Inauguration, But "Gen Hey Hi" (GenAI) is Totally Not a Bubble
Selling loads of unneeded hardware based on hysterical hype; like selling shovels during a Gold Rush
GNU/Linux Growing in East Asia, Windows by Default No More?
GNU/Linux is now on the shelf
Slopwatch: Anti-Linux 'Articles' From Linux-Hostile LLMs
It is almost always negative things and nobody can be held responsible for it except the charlatans prompting the LLMs
Links 05/04/2025: Fentanylware (TikTok) "Sale Looks Highly Imminent" (US), Stock Market Drowning in Panic
Links for the day
Gemini Links 05/04/2025: Moving Plants, No to Smartwatches, RAID Hygiene
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 04, 2025
IRC logs for Friday, April 04, 2025