Bonum Certa Men Certa

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

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.

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock