Perspective: TechnologyDo Patents Protect National Security?

Published 15 July 2019

On 12 June, the Wall Street Journal broke the story that Chinese firm Huawei Technologies Co. had asserted more than 200 patents against Verizon Communications Inc., reportedly demanding more than $1 billion in licensing fees. On its face, this would seem to be a private patent dispute. But, in fact, it is an important turn of events for national security: The Verizon-Huawei dispute contradicts a view espoused by many experts, and even the Trump administration, about the relationship between national security and intellectual property rights such as patents.

On 12 June, the Wall Street Journal broke the story that Chinese firm Huawei Technologies Co. had asserted more than 200 patents against Verizon Communications Inc., reportedly demanding more than $1 billion in licensing fees. On its face, this would seem to be a private patent dispute. But, in fact, it is an important turn of events for national security: The Verizon-Huawei dispute contradicts a view espoused by many experts, and even the Trump administration, about the relationship between national security and intellectual property rights such as patents.

Charles Duan writes in Lawfare that for some time now, Huawei has been caught in the crosshairs of national security experts and the Trump administration. The company has its own tag on Lawfare and has earned the ire of the administration many times over.

Though the primary concern about Huawei involves cybersecurity vulnerabilities, the so-called race to 5G raises questions as well. Next-generation 5G mobile network technology will have far-reaching applications creating national-scale advantages—including military and cyber-warfare advantages. The worry, then, is that Huawei—as the spearhead of China’s 5G development—could outpace the United States, thereby creating a national security threat.