Bonum Certa Men Certa

The Patent Extremists Resort to Trump-Styled China-Baiting in an Effort to Destroy US Patent Policy

Fear of the dragon can lead to irrational reactions

Chinese dragon



Summary: The patent microcosm, in its non-ending pursuit of patent maximalism, uses China's truly misguided patent policy to alarm US lawmakers (based on false assumptions and deliberate misinformation)

EARLIER today we explained that Chinese patent law is nowadays a mess because of software patents. Patent trolls are surging in China and many patents are of highly questionable legitimacy (few of them or a minuscule proportion of them get 'exported' to other countries). China has come to account for the lion's share of patents counted by WIPO, which could not care less about patent quality (it just wishes to see the number of monopolies rising and rising). Earlier today we saw this article (re)titled "Chinese Universities are patenting everyones research from AI journals" (it had a title totally unconnected to China beforehand). Suffice to say, such patents would be invalid based on prior art; they're plagiarism. Never mind the fact that AI is software and thus invalid in the form of patents (almost everywhere except China).



"Sadly, we continue to see the "China!" phobia being used to steer or at least attempt to steer US patent policy."Over at Watchtroll, a couple of days ago Anthony de Andrade and Venkatesh Viswanath wrote about pursuing patents in BRICS ("C" for China) economies. Among BRICS China is the only one that's in IP5. The IP5 Offices are the European Patent Office (EPO), Japan Patent Office (JPO), Korean Intellectual Property Office (KIPO), State Intellectual Property Office of the People's Republic of China (SIPO), and the United States Patent and Trademark Office (USPTO). A lot of companies come from these countries (or continents in the EPO's case, albeit EPO goes beyond Europe and beyond the EU). Take for example Apple from the US and Samsung from Korea. We'll write about their legal disputes in a later article.

Sadly, we continue to see the "China!" phobia being used to steer or at least attempt to steer US patent policy. Iancu, being rather clueless in the fields of science, is totally (maybe willfully) falling for it, repeating all the same propaganda we habitually see in sites like Watchtroll.

4 days ago Watchtroll himself (Gene Quinn) published "Navigating the Patent Landscape in China" (full of nonsense!) in which he said:

While the United States continues to struggle with what is patent eligible, and just yesterday USPTO Director Andrei Iancu told the House Judiciary Committee during an Oversight Hearing that in many technology areas what is patent eligible is unclear, and is depressing innovation, the Chinese are taking a different path. In April 2017, China provided revised guidelines relating to the patentability of both software and business methods.


How is that a good thing?

"It often seems like fear of China helps the 'patent nuts' (along the same lines of 'gun nuts') guide patent policy, almost in the same way that fear of Russia helps the war-mongers and hawks guide foreign policy in the US."And why is Iancu falling for this propaganda, including the latest from the Chamber of Commerce?

It often seems like fear of China helps the 'patent nuts' (along the same lines of 'gun nuts') guide patent policy, almost in the same way that fear of Russia helps the war-mongers and hawks guide foreign policy in the US.

Looking at the patent trolls' lobby, IAM, a few days ago it published a sponsored 'article' from Sofia Willquist (AWA AB, Sweden), which says that JPO "invalidation rate has dropped from around 45% to around 20% (ie, once a patent is granted it seems difficult to invalidate it)."

That may simply mean that examination itself improved. Here's what Willquist wrote with additional context:

As for appeals, the success rate is astoundingly high, at around 80%. Further, the invalidation rate has dropped from around 45% to around 20% (ie, once a patent is granted it seems difficult to invalidate it).

This is believed to be a deliberate strategy by the Japanese authorities to attract more companies to conduct business in Japan. With strong competition against other Asian markets, such as China and South Korea, Japan is showing a more lenient attitude towards patent applicants and the inventions they want to protect. According to Japanese patent attorneys, the main difference is in the approach to the assessment of inventive step, which makes it easier for applicants to argue in favour of their inventions.


This actually contradicts what we have been reading elsewhere because Japanese courts have become tougher and even software patents appear to have lost their footing in Japan. Might there be more to these statistics? The raw data is likely in Nippon/Japanese (日本語), so it would be hard to independently verify claims.

"This is about German patent law, which risks being overridden by the farce that's the UPC (a Trojan horse for software patents). Thankfully, however, the UPC looks like it's dead for good. The Germany constitution stands in its way."Meanwhile, over here in Europe we carry on battling software patents, which the EPO under Battistelli tries to make 'normal' using buzzwords like 4IR. Three days ago a German case was recalled, noting that the "FCJ [had] held that when assessing inventive step the claim should be interpreted so that the disclosed embodiments are taken into account."

This is about German patent law, which risks being overridden by the farce that's the UPC (a Trojan horse for software patents). Thankfully, however, the UPC looks like it's dead for good. The Germany constitution stands in its way.

Recent Techrights' Posts

Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
Microsoft XBox Staff Know They're in Trouble, They Try to Unionise Ahead of Mass Layoffs
As the slang goes, it's going to be a "bloodbath"
 
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day
Codecs and Software Patents - Part V - A Reminder That GAFAM and the European Patent Office (Which Serves American Monopolists) Do Considerable Harm to the Commons and Culture
some 'breaking' developments
Gemini Links 10/05/2026: Inkscape, Guix, and Alhena 5.5.8
Links for the day
The "Alicante Mafia" at the European Patent Office (EPO) Experiments With New Methods for Crushing Industrial Actions
Open letter to VP1 and the COO [...] What does this tell us about the status quo at the European Patent Office, Europe's second-largest institution?
The Corrupt Lecture the Non-Corrupt - Part XVIII - "The European Patent Office (EPO) has a zero-tolerance policy for fraud" (except when managers do it)
The guidebook of the EPO says fraud is not to be tolerated, but who enforces or revisits such "Red Lines"?
Links 10/05/2026: Hantavirus Brings Back 'Contact Tracing' Surveillance, "Staple Food Prices Soar in Iran"
Links for the day
Links 10/05/2026: Fake Suicide Notes and New EU Restrictions on Slop
Links for the day
SLAPP Censorship - Part 72 Out of 200: Microsoft's Graveley and Garrett Signed Documents That Hold Them Accountable to Truth and Liable for Lies
Such collaborations are unsavoury and apparently unprofessional, too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 09, 2026
IRC logs for Saturday, May 09, 2026
Gemini Links 10/05/2026: Travelling to Van and "Dark Mode" as Passing Fad
Links for the day
IBM's Kyndryl Holdings Inc Sank 70-75% in 'Value' in 10 Months, Will IBM Follow?
Kyndryl Holdings Inc now has a debt considerably higher than this company is said to be 'worth'!
Belated Sovereignty: GNU/Linux in Iran Skyrockets to 6% Amid Armed Conflict
unless they're truly in control of their networks, hardware and software, somebody else can control them
Gemini Links 09/05/2026: Liberation, The Nocturnals, Rediscovering Internet Radio, and More
Links for the day
Links 09/05/2026: Kremlin’s Biggest Day of the Year and FBI's Attack on the Media (to Save Face)
Links for the day
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026