02.07.16

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SIPO (China’s Patent Office) Taken Over by Patent Maximalists

Posted in America, Asia, Patents at 2:20 pm by Dr. Roy Schestowitz

Maximalists are what some call “Extremists”

Chinese happiness
Assuming that more patents (a la USPTO) lead to more happiness

Summary: A look at China’s race to the bottom (decline in quality) when it comes to patents, assuming quite wrongly that quantity is more important than quality and severe penalties for perceived infringement will spur innovation

PATENT maximalists, who are stereotypically (as per the stigma) patent lawyers, try to equate economies with patents. Some equate innovation or progress with patents. The media which they control (author) is often a source of humour or a subject of ridicule. Watch how this EPO-funded blog, for example, urges startups to waste their money on patents right now. Suicide advocacy?

“China plans to take measures to curb the patent infringement over internet,” Benjamin Henrion wrote, “ISPs to take censor the net for patmafia” (patent mafia).

“Patent maximalists, who are stereotypically (as per the stigma) patent lawyers, try to equate economies with patents.”Here is the respective article which says: “Almost four months after the submission of the draft Patent Law Amendment Bill of China proposed by SIPO, which passed through the Bureau Affairs Meeting of SIPO in late August 2015, the Legislative Affairs Office (LAO) of the State Council released this draft on 2 December 2015, for further public consultation. In the meantime, the Bill has been developed as a Preparatory Project in the Legislative Programme 2015 of the State Council from the Research Project in the last year. The above signs indicate that the Amendment Bill can be expected to be finally passed by the National People’s Congress (NPC) in two or three years.

“The Chinese government has paid increasing attention to the importance of intellectual property in recent years. In June 2014, the Standing Committee of the NPC heard the Report on the Implementation of the Patent Law and emphasized that the Patent Law Amendment Bill should focus on enhancing the protection of patent right and on coordination and convergence amongst laws. To that end, the latest draft Bill includes, amongst other things, provisions aiming at strengthening patent enforcement, enhancing protection of design patent, perfecting service invention system, promoting exploitation and utilization of patent, and giving more power to the Patent Reexamination Board.”

“China’s SIPO is making a mistake here; it’s the same as USPTO mistakes, notably the reduction in patent quality so as to eliminate the backlog and just approve almost every application, to the point where the number of granted patents nearly doubles in just a few years.”China, as we noted here some weeks/months ago (on numerous occasions), is lowering patent quality for the sake of quantity. This is widely known a problem. As IP Watch (critic of patent maximalism) put it the other day, “China Continues High Growth In IP Filing, But Is There More To The Story?”

China’s SIPO is making a mistake here; it’s the same as USPTO mistakes, notably the reduction in patent quality so as to eliminate the backlog and just approve almost every application, to the point where the number of granted patents nearly doubles in just a few years. Did innovation magically double in a number of years? If not, then what we clearly have here is a system gone awry.

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