Bonum Certa Men Certa

East Asia Should Have Adopted the Patent Strategy of South Asia, Notably India

A world map



Summary: China seems to be so interested in patent maximalism that it has lost sight of the effect on foreign investment, e.g. US/European/Taiwanese/Japanese/Korean firms operating/manufacturing in mainland China

TONIGHT we focus a little less on the EPO and USPTO. Let's face it, a lot of software development is nowadays being done in India and virtually all sophisticated hardware is being designed/developed or at least manufactured in eastern Asia, usually in China. India's de facto ban on software patents in the country is working well for the country, whereas in China, where not much Western software development is being outsourced to, software patents are broadened and more widely accepted, especially since one year ago.



As one can expect, radical sites like IAM try to make China a "role model" while constantly shaming India. IAM wrote about an "Indian licensing transparency debate" a few days ago, citing a few patent parasites like "Nokia and Ericsson" in the headline. To quote:

Asian patent owners including Canon, Huawei and Samsung have joined a group of big European companies in asking the Indian Patent Office to stop collecting certain licensing information. The opinions come amidst a public-interest litigation in which Professor Shamnad Basheer is pressing the country's government to more strictly enforce the legal requirement that patentees disclose how they are commercially exploiting the Indian patents they hold. Each year, owners of Indian patents must submit Form 27 – which asks them whether or not the invention covered by the patent is being ‘worked’ in India.


The Indian Patent Office has managed to resist pressure from the maximalists; let's hope it keeps it that way.

"The Indian Patent Office has managed to resist pressure from the maximalists; let's hope it keeps it that way."As for China? A lost cause almost. It's setting itself ablaze with low-quality patents.

"How Lenovo Navigates The Patent Gauntlet" was published a few days ago by Ira Blumberg, a former patent troll lawyer who became disgusted by it (soon to become Lenovo’s head of 'IP'), as mentioned here before [1, 2, 3]. To quote Blumberg:

Most people have no idea of the patent roadblocks their smartphones have to go through before they ever reach the hands of consumers.

Take my company Lenovo, a $50 billion technology enterprise that is one of the world’s top makers of smartphones, tablets, personal computers, and other smart gadgets. We spend tens of millions of dollars each year to patent our innovations. Yet despite all our diligent patenting efforts, Lenovo is still forced to run a gauntlet of patent claims from others.

[...]

For all these reasons, Lenovo and other major companies in the wireless market have joined Via’s LTE patent pool as both licensors and licensees.

It is an axiom of economics that markets function better when there is adequate information and impartial ground rules for buyers and sellers. If patent owners and product makers wish to avoid a repeat of yesterday’s costly smartphone war in tomorrow’s connected car business, we had better bring a lot more transparency and fairness to the patent business.


Lenovo does not seem to initiate much litigation, at least not outside China. In relative terms, Lenovo is not the same kind of giant some Chinese enterprises are, e.g. Huawei.

"Lenovo does not seem to initiate much litigation, at least not outside China."Earlier today we learned that in China, based on a Chinese author, "software patents related to input methods (IM)" cause problems. The country foolishly embraced software patents and this leads to legal chaos (good for law firms). The outline says:

This month, the Beijing IP Court handed down six first instance decisions in an ongoing patent battle between internet search companies Sogou and Baidu. The rights concerned are software patents related to input methods (IM) for Chinese characters. The court called three counts of infringement in favour of the plaintiff, Sogou, and another three decisions for the defendant Baidu. The rulings cap the first round in one of the highest profile competitor cases in China’s internet industry. The two-and-a-half year long dispute has been an attention-getter in China, with the total damages requested reportedly setting a new record for patent litigation...


Sogou and Baidu are not small companies and the above looks like nuisance litigation relying on patents that would not be granted (almost) anywhere outside China. So bear in mind what China does to its own operating/producing companies. It exposes them to a lot of litigation.

"...bear in mind what China does to its own operating/producing companies. It exposes them to a lot of litigation. "Meanwhile, a Taiwanese (arguably in China, but it's a highly political and polarising topic) company everyone knows as "HTC" celebrates this win : "ND of Cal. Dist. Ct. Held Display Patents Asserted Against HTC Were Patent Eligible under 101/Alice..."

The same sort of caselaw that would have rendered all Chinese software patents invalid overnight. HTC was also mentioned this week in relation to Local Intelligence, LLC v HTC America, Inc. et al (US parasite against a Taiwanese company that operates in the US). The court ruled, perhaps incorrectly, that surveillance patents are not invalid under 35 U.S.C. €§ 101 (even though it seems like software patents). The district courts, however, are known for not being as strict as CAFC. The Docket Report put it concisely as follows:

The court denied defendant's motion to dismiss on the ground that plaintiff’s patent for displaying location-relevant communications on a phone encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea.


Shall HTC appeal, it's still possible that this lawsuit will go away. But if this was in China, there would be no €§ 101 equivalent for HTC to rely on. China has become a much riskier market to operate in. HTC can probably take a lot more of its manufacturing back to Taipei (or New Taipei). China has already driven away Korean companies like LG, which like most Taiwanese/Japanese/Korean companies did its manufacturing in mainland China. Has China's forever-ruling party thought about the full implications of such patent policies? Look no further than the Eastern District of Texas in the US. After TC Heartland it has become a massive liability to have any form of business operations there; having even a small branch there would cause a company to risk many lawsuits in notorious courts. And as we explained 3 days ago, "China became the Eastern District of Texas".

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025