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

Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock