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

Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
 
Intercontinental Brigading - Part VIII - How We Convinced British Police That the Americans Were Just Manipulating and Tricking Them at the Expense of British Taxpayers
Their job is to protect communities, not the feelings of Americans who threaten violence
IBM CEO Boasts to the Media About "AI" Momentum While Sacking His Workers Who Worked On It
Recently, IBM took a bailout and got rid of many workers
Corrupt Media Benefits Corrupt Officials (the Case of IBM)
IBM’s Pre-Earnings Publicity Blitz
Links 19/10/2026: "Investors Disturbed by Anthropic's Financial Data" and "The "Dead Internet" Is Here" (Slop and Bots Running on Huge Debt)
Links for the day
Gemini Links 19/10/2026: ICEYE/SAR, Smol Servers, and Starting an Open Access Journal
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 18, 2026
IRC logs for Sunday, October 18, 2026
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026
Gemini Links 17/10/2026: Big Glowing Advertising Screens, Busy October, and Art
Links for the day
The First Casualty: The Reputation of Linux Developers (and of Linux)
The last thing you can take from a person is pride
Links 17/10/2026: Europe Divorcing US President Putin (Kompromat), MElon and Kapo-berg ("Meta") Buying US Elections Again
Links for the day
GAFAM LLMs Seem to be Causing Veteran, Experienced Linux Developers to Quit, Only to be Replaced With GAFAM Bots and Unaudited Slopfest 'Code'
Better than 'pulling a SCO'?
30 Years of KDE and "Project Banana"
KDE recently turned 30 (many blog posts about it this past week)
Intercontinental Brigading - Part VI - Racism Against Blacks
Systems don't always work as intended
Inevitable Things
"Bitbucket was Inevitable"
Andy's Passing Thoughts on Media Dying, Not Reporting News (Even Critical News About Itself)
No more news
Stallman Was Right About Torvalds
The crowd/audience Linus Torvalds panders to is paid by GAFAM to go attend and dominate (speak at) LF events. They're people whose employer forces them to use slop, it's inorganic.
Links 17/10/2026: "Why Math Dumped OpenAI", US Third Circuit Has Confirmed LLMs and Other Slop Constitute Plagiarism or Copyright Infringement
Links for the day
GPL Was Right (About Hoarding, Now Automated With Plagiarism Blenders)
Some time next year the UK's High Court might listen to arguments related to this
Microsoft Allegedly Asks Many Workers to Leave at the End of This Year (or Get the Boot), It's Called Voluntary Exit Program a.k.a. Voluntary Early Retirement Program (or VEP) Even for People Far Too Young to Retire
"Everyone at Microsoft knows what those acronyms mean."
The Torvalds-led Slopfest as a Reminder to Pursue Software Freedom, Not Plagiarism Endorsed (for Money) by 'Linux' Foundation
What's happening this month moreover proves that he is not in control of important decisions in his project
Why We Never Got Back to IPFS
Practically speaking, we could get back to IPFS any time
Trillions of Dollars in Debt Are Not "Investment", More People Realise This Now
"Investors started offloading shares on Wednesday in response to an X post about the debt load of CoreWeave Inc..."
Red Hat Silent Layoffs: October 1 Bluewashing, Then Leaving IBM Altogether
It's said that weeks from now there will be another "round" (of "RAs")
Gemini Links 16/10/2026: Metrovision, Smartwatches, and Rekindled Love for Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 16, 2026
IRC logs for Friday, October 16, 2026
Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare