Bonum Certa Men Certa

Giants of Asia: India More Restrictive on Patent Scope, China More Lenient

With a combined population greater than a third of the world's population

Buddha



Summary: India and China are moving in somewhat opposite directions when it comes to patents, as one realises their impact on people whereas the other chooses to repeat the mistake made by the United States (patent maximalism for corporate gains)

TECHRIGHTS spent over a decade writing about the USPTO and about as long writing about the EPO, especially when President Brimelow made mistakes "as such". Patent scope is a crucial decision which impacts many sectors in a country; it's simply misguided to believe or to think that more patents would translate into more innovation and commonwealth. It doesn't work that way.

The latest IAM Weekly newspaper says in the "Editor's round-up" that "we wondered whether one of India’s leading IT companies has all but abandoned software patents, looked at a patent-driven rapprochement between InterDigital and Huawei, and explained why Asian investors are sinking their money into IP management businesses."

"Patent scope is a crucial decision which impacts many sectors in a country; it's simply misguided to believe or to think that more patents would translate into more innovation and commonwealth."We covered all of these (in recent days) and IAM has just published this "international report" about India, where software patents continue to be disallowed (excellent policy, which is routinely under fire from foreign multinationals, not domestic giants).

India got its balance right on patents (also when it comes to medicine, not just software), so why is China going the other way? This is already harming some of its own industry and attracts a great deal of trolls (making nothing and trying to extort everyone for money).

According to this new article from IAM, "IP analytics start-up PatSnap has closed its Series C funding with investments from Sequoia Capital’s China arm and Beijing’s Shunwei Capital Partners. The deal further underlines Asia-Pacific investors’ growing interest in IP management and strategy services."

"Lack of quality control at SIPO leads to a false sense of growth, as is the case at the EPO under Battistelli where old files are pulled out and rubber-stamped for fake growth or illusion of growing demand, clout, etc."This shows yet more of that obsession with patents, even in domains that require none of them. Companies that produce nothing want to make money and they are essentially a kind of trolling industry -- like that which threatens to expand in Europe if the UPC ever becomes a reality.

Based on IP Kat's Tian Lu, there was some UPC propaganda in the EU-China IP Forum earlier this month [1, 2]. To quote a portion from the second part: "This panel on specialist IP courts also saw some optimism from Pierre Veron (member of the Drafting Committee of the Rules of Procedure of the Unified Patent Court and now a member of the group of experts advising the Preparatory Committee of the UPC), who expressed the view that even without UK participation post-Brexit, the other participating Member States of the EU would press ahead with the UPC project in the long term and would seek to ensure that the UPC will be a success."

We are going to deal with UPC in a separate post, but let's just say that it's troubling to see these overlaps between China and Europe and it's not because of fear of China (Chinophobia) but because of SIPO.

"China is fast becoming a hotbed of litigation and it already 'exports' such litigation to other countries (many reports on that these days)."Lack of quality control at SIPO leads to a false sense of growth, as is the case at the EPO under Battistelli where old files are pulled out and rubber-stamped for fake growth or illusion of growing demand, clout, etc. The SIPO examiners, as many professionals out there will agree/can attest to, just grant a lot of patents composed in Mandarin right and left. There are two new reports, one from MIP and another from IP Watch, which amplify SIPO's propaganda, citing a WIPO report. Some Chinese patents that are counted at the EPO are not even translated into a European language, let alone examined/validated for their quality, yet here we have another repetition of the misleading claim that China ‘leads’ by having a crappy patent office that accepts crap applications. If one was to judge the USPTO similarly (over 10 million patents and counting), the EPO would look rather bad.

If only China adopted a saner approach to patenting (like in India), the world's high-tech industries would be better off. China is fast becoming a hotbed of litigation and it already 'exports' such litigation to other countries (many reports on that these days). This problem is likely to become more apparent in the coming years.

Recent Techrights' Posts

The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
 
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day