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

Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
 
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day