Bonum Certa Men Certa

European Patent Lawyers Who Conveniently Promote Software Patents in Spite of the Rules and the EPC

Marks & Clerk



Summary: A look at the actors in Europe who are pushing for more patents in more domains (patent maximalism or overpatenting) because it serves their bottom line at the expense of everybody else

SOFTWARE patents, as we pointed out in our previous post, are a dying breed in the US, even if the USPTO continues to grant them (only to see them invalidated in the courts or at PTAB [1, 2]). What good is a patent if it's unenforceable in a court of law? It's just a waste of time, money, and effort. Why even bother with software patent applications? Incidentally, the Jerusalem Post now notes that people question China's patent system (it too is a waste of time/money, unless one asks the author who is from a "Strategic Patent Department", i.e. non-producing parasite) because just like the USPTO, it has virtually no quality control. The same goes for invalid/ated (by the European courts) software patents in the EPO. Who would still promote software patents in Europe? Surely the non-producing parasites that are based in Europe. Marks & Clerk, as we noted here before, is one of the boosters of the UPC alongside other greedy opportunists who don't care about innovation, only about lawsuits (money to them, irrespective of the outcome). Unsurprisingly, they also promote software patents, which the UPC helps bolster. Last night we noticed/found new promotion of software patents in British media (despite software patents being patent-ineligible here). Who wrote it? "Graham McGlashan is a chartered and European patent attorney at Marks & Clerk" (well, that explains it, doesn't it?). Imagine the British media giving the microphone/platform (exclusive columns without response/balance) to a British drone engines company regarding reconnaissance and political assassinations abroad. It makes no sense, or does it? It really says a lot about the media.



"Imagine the British media giving the microphone/platform (exclusive columns without response/balance) to a British drone engines company regarding reconnaissance and political assassinations abroad."Marks & Clerk seems to be unaware of the effective ban on software patents in Europe and appeals to loopholes. It says: "Patents can provide useful protection for technical concepts. Many computer implemented inventions have been patented in the US, UK and Europe. Confusion arises because the criteria for patentability of computer implemented inventions vary between jurisdictions.

"The European Patent Office (EPO) has a test in which claimed subject matter that is novel and inventive is potentially patentable if it has a technical character. A computer program itself can potentially be patented at the EPO if it is capable of bringing about, when running on a computer, a further technical effect going beyond the “normal” physical interactions between the program and the computer on which it is run."

That's the "as such" loophole created by a Brit, Alison Brimelow. What's perhaps most ludicrous about this piece from Marks & Clerk is the headline. It says: "When you write great software, don’t forget patenting" (patenting software? In Europe?!)

"Marks & Clerk doesn't care about what's true and what's good for the EU (or the UK); it just cares about winning cases and doing whatever helps its own bottom line."Well, remember that one's "great software" can then get one sued by other companies with software patents. It's the M.A.D. mentality, which purports that lots of countries having nuclear weapons somehow makes us all safer.

What we find disturbing about Marks & Clerk is that it keeps funding UPC propaganda events and various events that promote software patents. It's basically an echo chamber of patent profiteers. As one tweet put it this week in relation to TTIP: "The European Business Summit : where Businessmen (paying 600€ entrance fee) meet policymakers to shape your future" (staging a coup over politics and law while denying opponents of the coup any access). It's more or less the same with UPC events (which are often even a lot more expensive to attend). If we continue to allow the likes of Bristows and Marks & Clerk decide on European law, we'll all suffer in the long run. Marks & Clerk doesn't care about what's true and what's good for the EU (or the UK); it just cares about winning cases and doing whatever helps its own bottom line. This is bad advice regarding software patents, but it's good advice for Marks & Clerk's own accounting. It's just a British company with a Microsoft-powered Web site (which is rare nowadays) and what it does negatively affects software developers in Britain and abroad.

Recent Techrights' Posts

RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
 
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026