Bonum Certa Men Certa

Mythology About Patents in the East

Related and recent: In Just a Few Years China Became the Eastern District of Texas

Watchers



Summary: Misconceptions (or deliberate propaganda) about patent policy in the east poison the debate and derail a serious, facts-based discussion about it

TECHRIGHTS is generally focused on the EPO and USPTO, not only because they account for the lion's share of capital but also because English is their official language and it's close to us (we're based in the UK, the servers are in the US, and many volunteers/community members are in the US).

"India generally recognises -- as many patent examiners do as well -- that patent quality is what matters and economic justification is needed for any patent."We sometimes look at smaller patent offices and also look eastwards. Over the weekend we wrote about IP Australia in relation to Grant Shoebridge's article; he and the firm he works for must be paying to repost it in more sites, basically lobbying for expansion of patent scope because IP Australia sought to improve productivity by narrowing the scope of patents.

Further north there are three major patent offices, all part of IP5: Japan's JPO, Korea's KIPO and China's SIPO (the "Five IP Offices" (IP5) are JPO/EPO/KIPO/SIPO/USPTO).

Benjamin Henrion has just (late on Monday) pointed out this paper titled "The Japanese Software Industry: What Went Wrong and What Can We Learn from It?".

"Software patents as metric fails to take in account the majority of software companies that do not have patents," Henrion correctly noted. I responded with:

Simplest way to rebut this BS 'paper'... Hypothesis: software patents good for software industry Falsified by: 1) India banned software patents 2) China allows them (one of the few countries) Which one is a software powerhouse?


We actually brought up this point less than one week ago. It needs to be repeated as much as possible because we continue to see lies repeated about China's patent policy against India's. They get it all backwards. Maybe it's intentional and therefore disingenuous. Less than a day ago (Watchtroll's Steve Brachmann on Monday and then IP Kat as well) patent maximalists carried on with their glorification of China [1, 2] in the context of so-called 'IP'. They try to make China some kind of 'role model', never mind if it's India that's thriving in the software sector, owing in part to the ban on software patents in India. An Indian patent maximalism blog has just published this "Weekly Patent News" post. Under "Indian Patent Statistics" it says:

A total of 1003 patent applications have been published in the 16th issue of the patent journal marking a modest increase of about 13.07% in the total number of patent applications published. Out of the 1003 applications, 55 applications account for early publications while 948 applications account for ordinary publications or publications occurring after the 18 month period. A total of 231 applications have been granted this week as opposed 176 grants in the previous.


Notice the absolute numbers. Also remember that India is not in IP5. India generally recognises -- as many patent examiners do as well -- that patent quality is what matters and economic justification is needed for any patent. Just throwing millions of low-quality patents into a repository (like China does with SIPO) isn't indicative of "success"; it's just a self-fulfilling prophecy that's hinged on lies like "patents are innovation" and "innovation depends on patents" (coming around full circle).

Recent Techrights' Posts

Rewriting Things in Rust
How far would you go?
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
 
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead
Happy Independence Day to Our American Readers
Maybe tomorrow will be a good opportunity to explain to American people - in terms of concepts, not brands - which tools respect their independence
Slopwatch: Linux Journal, Linuxsecurity, and Google News Getting Even Worse (More Slopfarms Added Which Attack Linux With Bruce-Force SPAM)
Google News is part of the same problem
Links 03/07/2025: More Cuts and Cancellations at Microsoft Revealed
Links for the day
Gemini Links 03/07/2025: Favourite Child and Launching WikiGem
Links for the day
GNU/Linux is Replacing Microsoft Windows. But We Need to Eradicate Microsoft, It's a Hub of Crime.
I have been writing about Microsoft since the 1990s when I was in school
Mystery Surrounding the PCLinuxOS Sites and PCLinuxOS Magazine
Let's hope this isn't something major
People and Companies Do Learn Some Lessons From Their Mistakes (Stubborn Ones Don't)
Brett Wilson LLP is an example of one that would rather drown in mistakes
Links 03/07/2025: 'Hey Hi' Slop Ridiculed Some More and Microsoft's Layoffs Tally for 2025 Reaches About 29,000 in Just 6 Months (Almost 5,000 Per Month)
Links for the day
Microsoft Staff Harassing Women, Strangling Women, Telling Women to Kill Themselves and Worse? Not a Problem!
Two women have left Brett Wilson LLP
The Slopfarms Are Losing the Plot (and Google is Propping Up Rogue Sites)
Google is part of the attack on the Web, on information, and on technology
New BetaNews Realises There's No Potential or Future in Slopfarms, Prior Editor Wayne Williams is Back
They realise that slop (so-called "AI") cannot replace humans
Claims That Microsoft Looks for Staff That Works More and Gets Paid Less (or Can Only Code by Grabbing Other People's Code, Under the Guise of "AI")
People can form their own opinion
Richard Stallman Was Right About Reasons Not to Use Microsoft
last updated 2017
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 02, 2025
IRC logs for Wednesday, July 02, 2025
Gemini Links 03/07/2025: No to Cloudflare and Small Web July
Links for the day