EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.03.18

Marks & Clerk is Still Pushing Patent Maximalism Agenda in Europe and Britain, Including UPC/UPCA/Unitary Patent (UP)

Posted in Deception, Europe, Patents at 2:07 am by Dr. Roy Schestowitz

Selling lawyers’ time at hundreds of pounds per hour

Half past three

Summary: Lies about patents, about the EPO, about Britain and about the UPC are still being disseminated by British firms and publishers that stand to gain from an epidemic of patent lawsuits (because they profit from the very problem they help create and exacerbate)

Marks & Clerk is one of the largest firms in the domain of patents. They profit from patents. The greater the number of patents (and patent lawsuits), the more money they will make (at the expense of actual companies that actually make something). A couple of years ago Marks & Clerk said that the EPO nowadays makes it easier to get abstract patents on mathematics than the USPTO. They must be very pleased. They also push adverts (in the form of ‘articles’) for the UPC, e.g. this one. Marks & Clerk is basically a very big contributor to the problem.

“Marks & Clerk is basically a very big contributor to the problem.”Sure, there are other contributors to the problem, notably Bristows and paid advocates of the UPC (disguised as ‘media’). They are lobbyists of patent trolls and software patents agenda. Managing IP sets up UPC lobbying events and so did IAM, which had received funding for that from the EPO’s PR firm (i.e. the EPO indirectly). They carry on pushing rather toxic (to patent law) agenda. Earlier this week both of them wrote about RPX being scooped up by HGGC. “RPX accepts $555 million private equity offer,” IAM wrote. “The sale of RPX to HGGC at $10.50 per share follows a review of strategic alternatives by the board,” Managing IP wrote on Tuesday. That odd figure, 555, is not a coincidence. They’re not serious. It’s not actual cash but some “pen and paper” stuff, shares, etc. They’re talking about stocks. It’s a nice way to spin the likely death of RPX. We don’t expect it to operate much longer; maybe it will be sold in pieces.

“In fact, EPO recruitment of Brits had gone down by 80%].”Yesterday, Joff Wild (IAM’s chief) advertised another upcoming propaganda of IAM. “IAM’s Auto events in the US and Europe this month are motoring towards sell-out,” said the headline. How many seats are there? It didn’s say. They just use classic marketing tactics. Typical IAM. On the very same day (hours apart) Ed Round who is a European Patent Attorney at Marks & Clerk published some auto-themed propaganda at “The Engineer”, which is a British news site. Marks & Clerk does not seem to understand that many British people now know that the EPO is defunct and not worth pursuing due to Battistelli’s sabotage. In fact, EPO recruitment of Brits had gone down by 80%. That was even before the referendum on exiting the EU (so-called ‘Brexit’).

This article is so misguided for a lot of reasons, yet patent maximalists who profit from patent maximalism at the EPO (like Marks & Clerk does) market themselves by bashing the British into pursuing bad EPs, assuming only patents indicate progress. To quote some portions:

Transport has traditionally been one of the UK’s leading sectors for filing patent applications, according to the European Patent Office’s (EPO) rolling log of patents filed and granted. The latest statistical release from the EPO however, looking at patent filing data from 2017, reveals that transport is no longer the UK’s top filing sector, with more patents applications from the UK filed in the medtech category in 2017.

[...]

There are several other issues which might be impacting the number of filings coming out of the transport sector. As the race to deliver viable driverless cars continues, and with technology making vehicles – as with everything else – ever smarter, increasing volumes of the patentable technology going into next generation transport projects might not fall under traditional ‘transport’ filing categories. Sophisticated on-board technology, sensors for safer driving and the complex algorithms that underpin self-driving vehicles, will all be filed under categories more related to software and computing than engines and drivetrains. Machine learning too is a technology with increasingly broad applications in everything from traffic coordination to rail and air traffic control and again is something that won’t be captured in the ‘transport’ category at the EPO.

[...]

While the dip in transport patent applications is far from indicative of a sector that isn’t investing in the future, there are things to consider, especially with regard to applications from the UK. While the trend in the UK roughly follows that of the EPO as a whole, if we look at numbers of patent applications filed in any given year, the UK lags far behind some of our closest competition, such as France and Germany. For the UK’s 322 patent applications in the transport category in 2017, France applied for a total of 1044 while Germany applied for 1877, nearly six times more than the UK!

So the bottom line or underlying message from Marks & Clerk is: contact Marks & Clerk for ‘consultation’ and patenting (or lawsuits) in Europe. It’s pure marketing disguised as information — typically a specialty of Battistelli, who literally bribes the media for such pieces (we have covered many examples over the years).

“Resistance to that sabotage of the European patent system (basically flooding it with low-quality and bogus patents) is ever more crucial.”UPC/UPCA/Unitary Patent (UP) agenda is also circulating this week.

One person who writes for lawyers’ sites said: “My own thoughts (for what it’s worth) is that the benefits that the #UPC gives IP owners outweigh the (not insignificant but also not heinous) EU link. Still, it wouldn’t surprise me to see the issue bubble up as a “betrayal of democracy” before long.”

“If by “IP owners” you mean large pharmaceutical giants,” I told him, “subsidised by taxpayers for R&D, and not even based in Europe (just trying to embargo rivals, generics).”

He liked my remark, so I’m assuming he agrees with it. The UPC isn’t really of much use to the vast majority of European businesses; worse — it’s actually detrimental to the vast majority of European businesses. People who comment in IP Kat pointed it out earlier this week and this latest comment in the thread speaks of Brexit as the reason UPC ‘ratification’ in the UK is rather meaningless:

For the sake of argument, let’s assume that the UPCA can come into force in its current form (ie with the UK’s participation and including a court in London).

In this scenario, Brexit gives rise to a conundrum for the courts: what to do when, for a non-unitary EP validated in the UK, a question arises regarding the interpretation of EU law?

Presumably, the UPC would (at least try to) refer questions to the CJEU. However, if Brexit goes according to the government’s current plans, then the UK courts would be unable to make such references.

So does this mean that, for post-Brexit litigation concerning (only) the UK, a patentee’s ability to secure preliminary references to the CJEU will depend upon factors such as: whether unitary effect has been requested; the opt-out status of the patent if no unitary effect has been requested; and the forum (eg the national court) in which the patent is litigated?

If so, then this seems to add yet another level of absurdity (and uncertainty) to the practical effects of bringing the current UPCA into force.

For example, consider what might happen if the UK Supreme Court decides to take its own path with regard to the interpretation of “inherited” EU legislation (such as the Biotech Directive or the SPC Regulations). This could mean that the outcome of litigation in respect of the UK will be subject to both forum-shopping and post-grant choices by the patentee (re: unitary effect and/or opt-out status).

Whatever happened to the concept of legal certainty for third parties?

There’s an information war waged by the EPO and Team UPC; IAM, Managing IP, and firms like Marks & Clerk embedding themselves in news sites and blogs are trying to sell us a ruinous agenda while repeating lies like “IP for SMEs” (that’s even a hashtag the EPO repeats all the time). Resistance to that sabotage of the European patent system (basically flooding it with low-quality and bogus patents) is ever more crucial.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 22/10/2019: Pacman 5.2, Shame of Disney+ DRM, Microsoft's DRM Scheme, Microsoft Reprimanded for Privacy Abuses

    Links for the day



  2. Patents Need to Exist Only to Pass Information Around and Keep Good Ideas Alive, Not to Feed Litigation Firms and Litigation 'Enthusiasts'

    The current situation or the status quo where legal professionals are advised not to even look at patents means that patents aren’t for “information” and “innovation” anymore; moreover, calling them “intellectual property rights” (or IPRs) is spreading a malicious lie



  3. IRC Proceedings: Monday, October 21, 2019

    IRC logs for Monday, October 21, 2019



  4. SUEPO Protest Tomorrow. All EPO Staff in Munich Ought to Attend and Prepare to Strike Too.

    Tomorrow’s planned protest should be a bridge towards a full strike, which takes more time to plan for and get authorisation for (because of increasingly strict restrictions)



  5. Looking for Explanations About Samsung's DeX and Other FOSS Initiatives Being Canned

    DeX was primarily a threat to the desktop/laptop monopoly of Microsoft, so its sudden abandonment — without even an explanation — continues to attract speculations



  6. EPO Will Need a Lot More Than Photo Ops and Hoax 'Studies' to Restore the Perception of Lawfulness

    Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC



  7. Links 21/10/2019: More on DeX, Disney DRM and Linux 5.4 RC4

    Links for the day



  8. GNU/Linux is Bigger Than Ever (Used More Than Ever Before), But Communication Means and Brands Have Changed

    The GNU/Linux market is alive and healthy; it's how we measure its health that ought to adapt because things are constantly changing, more rapidly in the realm of technology than anywhere else



  9. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  10. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  11. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  12. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  13. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  14. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  15. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  16. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  17. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  18. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  19. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  20. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  21. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  22. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  23. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)



  24. IRC Proceedings: Friday, October 18, 2019

    IRC logs for Friday, October 18, 2019



  25. 26,000 Posts

    We want to thank those who help spread the word; it gives us moral support and morale.



  26. The Myth of 'Analysts'

    People with exaggerated roles (exaggerated by corporate media and corporations that control them) distort public perceptions about their clients; they're in effect just elevated marketing or Public Relations (PR) operatives



  27. The FSF Has Two Acting Presidents Now

    Alexandre Oliva, who acted as a sort of deputy of Richard Stallman in recent weeks, sheds some much-needed light on the current situation



  28. Should Anybody Dictate the Free Software Movement?

    "There's a great myth, as Jagadees reminds us, that advocacy doesn't produce software. That myth is corporate, and proper advocacy has at times produced the greatest software in the history of computing. If we want great Free software to continue, we need advocacy more than ever."



  29. Links 18/10/2019: More KDE Events and OpenBSD 6.6

    Links for the day



  30. We Don't Know Who Will Run the Free Software Foundation, But We Know Who Will Run the GNU Project

    Software Freedom is under a heavy and perhaps unprecedented attack; some people out there are paid by the attackers to celebrate this attack and defame people (cheering for corporate takeover under the blanket of “Open Source”), but the founder of the Free software movement remains alive, well, and very much active


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts