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

Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
 
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026