Bonum Certa Men Certa

China Belatedly Tackles Patent Trolls, Albeit After Giving Them the Green Light With Broad and Low-Quality Patents Such as Software Patents

SIPO/EPO race to the bottom takes its toll

Paper cut



Summary: An epidemic of patent trolls outside the United States is a real problem and officials are able to recognise it; in Europe, however, the EPO is largely apathetic and actively helps pass legislation to further assist these trolls

THE EPO is a lost cause which grants software patents routinely and flagrantly breaks the rules, the law etc. In contrast, the USPTO has become tougher on software patents (see this local news site about "recent local patents awarded") and the US courts more so. There aren't so many patent cases involving software patents anymore. China has become pretty much the only large country to formally allow software patents and it's hardly surprising that it's being exploited by patent trolls.



"China has become pretty much the only large country to formally allow software patents and it's hardly surprising that it's being exploited by patent trolls."IAM, for a change, uses the term "patent troll activity" in its headline, which is rare (they typically promote patent trolls who fund them and use euphemisms/PR terms/acronyms to describe these). The headline says "Husband and wife accused of patent troll activity face criminal extortion charges in Shanghai". So, at least in some sense, if in China you're a patent troll the government will see you for what you are: an extortionist. In the US, however, it's just "business as usual"; it's considered acceptable as trolls have lobbyists who 'normalise' it and some even receive eulogies when they die like their spiritual leader. From IAM:

Two people have been charged in what could be China’s first criminal prosecution of alleged patent trolls. On 21st July, prosecutors in Shanghai announced a criminal case against a married couple who had obtained patent settlements with a series of pre-IPO companies using litigation, reports to securities regulators and, in at least one case, forged documents. It’s a sign that criminal authorities are taking a close look at business practices around China's fast-growing patent assertion environment. The couple, pseudonymously surnamed Li and Sun, are patent agents by profession, IAM understands.


What about Europe, where patent trolling has been on the rise? Well, some are still salivating over the UPC, falsely believing that it is about to come. Yesterday we saw this tweet which said: "Interesting @ para 151 of the White Paper, UK commits to remaining in the Unified Patent Court, which refers to the CJEU for preliminary rulings, binding on the UPC. Anyone noticed? "

"It did not commit to it," I've corrected her, as it's untenable and there's more spin about it. António Campinos actively participates in this spin and yesterday someone (from Klunker) also mentioned this patent troll in Europe:

In a joint effort with colleagues of @Preu_Bohlig we could nullify #monitoring #patent EP1196856B1 (goo.gl/dEeWpt) of #PatentTroll #PacketIntelligence thus endig their #litigation campaign against @HPE, @Sandvine and @HuaweiEU in Europe. Will surely have an impact on US pic.twitter.com/KLg9y3zYpr


It's rather reassuring to see recognition of this problem in Europe and in China, not just in the US. Patent trolls offer nothing to society, to the economy etc. It's just blackmail, pure and simple.

Recent Techrights' Posts

Soylent News Editor Stays, Trolls Leave Instead
Some of us asked him not to resign but pause and reconsider
Corporate Media Did Not Report on Mass Layoffs at IBM's Expert Labs
Not a single media outlet even mentioned those mass layoffs!
In BetaNoise, The "Latest Technology News" is Noise (Still!)
If you fail to get the slop under control, the site as a whole will perish
Defaming, Impersonating, Hijacking Accounts is Abusive If Not Illegal/Criminal Behaviour
There are actual victims here
If Your Bicycle Got Stolen, Then Open a Facebook Account and Send the US Lots of Personal Data to Get the Bicycle Back (or Try to)
"No Help Unless You Open an Account at Facebook"
Growing Recognition Out There That Courts Must Abandon Microsoft or Have No Perception of Authority, Autonomy, Independence, Fairness, and More
Imagine making a complaint about Microsoft to an agency that uses Microsoft
The Next Talk of Richard Stallman (Father of GNU/Linux and the GPL) Advertised in the Media 3 Days in Advance
He spoke in Italy earlier this year and also did some interviews
Free Software as a Culture of Resistance
Free software as a movement accomplished a lot in 40+ years
 
Gemini Links 25/05/2025: Konsole Layout Changes and Capitulation to Surveillance World
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 24, 2025
IRC logs for Saturday, May 24, 2025
Links 24/05/2025: From War on Science to War on Academia, Chagos Islands Handed Over to Mauritius
Links for the day
Links 24/05/2025: Leasehold Myths and Analog Computer
Links for the day
Links 24/05/2025: Google Helps Slop Videos, Microsoft Resorts to Desperate Measures to Fake Demand for Slop
Links for the day
Gemini Links 24/05/2025: New Home and Force/Drag Simulation
Links for the day
Sometimes Legal Action is Imperative (Even if Recovering the Cost of the Litigation Itself is Infeasible)
Sirius got sued, but the company has no money (large piles of debt)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 23, 2025
IRC logs for Friday, May 23, 2025
Simpler is Better
Gemini Protocol turns 6 in exactly 4 weeks
Slopwatch: Brian Fagioli, Brittany Day, and Other Plagiarists Who Rip Off Real Writers and Target Themes Around "Linux"
Fagioli also prompted chatbots for some words diarrhoea
Links 23/05/2025: Microsoft Openwashing at ZDNet, Signal Does It Wrong (DRM, Back Doors Still Intact)
Links for the day
Gemini Links 23/05/2025: Clutter in Modern Interfaces and Dealing With DRM-Free Music
Links for the day
Links 23/05/2025: Tax Audits of Hong Kong's Independent as ‘Intimidation Tactics,’ Why "Regulating X Isn’t Censorship"
Links for the day
TecAdmin Took a Break From Linux to Push SPAM
This happened hours ago, and it seems to have been posted directly by the site's "Admin" (Rahul)
The Microsofter Who Kept Sending Threatening Post and E-mail to My Wife Has Been Joking He'd Work on Code for "Sexual Favours"
For one thing, for software professionals (like for landlords), this is outright illegal and you'd get arrested for it, and moreover it's no joking matter because there are many real victims of such sexual exploitation
We Seem to Have Abandoned Science and Replaced Sound Policy With Private Patent Shareholders and College Dropouts Like Bill Epsteingate
Because of what they did there are now many people out there who reject all vaccines
Links 23/05/2025: Violent Attacks on the Press, VMware Price Hikes, Vista 11 Considered Unsuitable for Any Confidentiality
Links for the day
Gemini Links 23/05/2025: Balkan Tourism, UK Polls, Reticulum and Meshtastic
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 22, 2025
IRC logs for Thursday, May 22, 2025
Back to Basics, Folks, "AI" (Plagiarism) is Symptom of a Dying Industry Looking for Whatever Prey It Can Devour
lousy/sloppy imitations
Liam Proven's Thoughts on "AI" Being a Scam No Different From Religions, Alternative Medicine, and More
"Is there anywhere outside of retrocomputing that doesn't have AI in it?"
Many IBM Layoffs, Centred Around Expert Labs US in Atlanta (Offer of "Relocation" Where No Such Option Exists)
So Techrights was assessing comments/gossip online and it was right about the Thursday cull