Bonum Certa Men Certa

Software Patents Are a Dying Breed, So Marks & Clerk and Other Legal Monoliths Promote the EPO's Buzzwords (Loopholes)

Anything to promote bunk/junk patents

Marks & Clerk



Summary: Patents that courts would almost certainly reject (and invalidate) are routinely promoted as "AI", "SDV" and similar acronyms and buzzwords, either misleading or intentionally misplaced (nowadays "AI" is often just a synonym for "machine" or "algorithm")

THE atmosphere of buzzwords worries us. Everywhere one looks in the media, especially technology media, it's all buzzwords. Maybe that's because real journalism is dying and reporters get replaced by the marketing/PR industry and by extension law firms looking to market their services in the respective domains. Readers who are technical quite likely know what those buzzwords are and some of these were covered here before.

"This patent litigation giant, Marks & Clerk, is helping the EPO promote software patents on computer vision (my area)..."Here in Techrights we no longer keep track of all the software patents tweets (they don't say "software patents" explicitly but instead use buzzwords) that have been far more abundant and frequent since António Campinos took over as President. Yesterday we saw this new article from Marks & Clerk's Philip Cupitt (the patent maximalists if not extremists*). Weeks ago we explained how the European Patent Office's (EPO) corruption -- and avoidance of the law in general -- nowadays helps the U.S. Patent and Trademark Office (USPTO) similarly dismiss the courts/caselaw, proceeding to grant software patents that aren't legally solid (courts would almost certainly can these).

Then, also as recently as yesterday, we saw another Marks & Clerk article, this one with the "self-driving vehicle (SDV)" buzzword that the EPO has been promoting.

This patent litigation giant, Marks & Clerk, is helping the EPO promote software patents on computer vision (my area), never mind if that's in clear defiance of the EPC, violating the fundamentals of patent scope; buzzwords to bypass the law basically...

With investment announcements coming thick and fast, and testing taking place on ever more roads, might 2019 be the year of the self-driving vehicle (SDV)?

A recent statistical release from the European Patent Office (EPO) might suggest so, or at the very least suggest that momentum is building in this important sector. In 2017, the last year in which figures are available, the EPO saw nearly 4000 patent applications related to self-driving vehicles – up from 922 applications in 2011.

This is a staggering 330% increase in just 6 years! To put it into context, filing in this area has grown more than 20 times as fast as patent applications generally at the EPO.


They are just reclassifying patents. We recently saw a similar article in the US -- one in which they basically classified many patents on algorithms as "AI", then crafted headlines claiming that in recent years there were hundreds of thousands of patents on "AI"; the EPO and the USPTO both use this trick -- a subject covered here several times towards the end of last year. _____ * Among the articles we previously wrote about Marks & Clerk (loud proponents of patent maximalism in Europe, including the UPC):

  1. Marks & Clerk is Still Pushing Patent Maximalism Agenda in Europe and Britain, Including UPC/UPCA/Unitary Patent (UP)
  2. Marks & Clerk Blames Battistelli's Victims, the Boards of Appeal, Whose Job Guarded Patent Quality
  3. UPC Puff Piece in the Scottish Media is Just an Advertisement by Marks & Clerk

Recent Techrights' Posts

In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
 
Hate Consumes the Haters
If you hate someone (or something) and you're willing to do anything for "hate rituals", then at the end the emotion will outweigh reason and it'll backfire, surely
GNU/Linux Rises Some More Internationally, statCounter Now Estimates Its Usage on Desktops/Laptops at 7.7%
significant growth for GNU/Linux in Japan, China, Thailand, Vietnam, Indonesia and Cambodia
IBMers on PIPs and the Age (or Cost) Factor
People in their 50s seem to be targeted as they are considered "expensive"
Sad State of Troll-Feeding British Media (Establishment Channels Promoting Total Idiots)
Breeding ignorance means people will assume they have a choice between two pieces of trash: "Nige" or a literal trash can
Links 27/07/2026: Sleepless Japan PM Takaichi Becomes Unpopular and Data Centre Magnate Confiscate Land Without Consent
Links for the day
A Few Hours Ago The Register MS Published an 'Article' With "AI" 32 Times in It, Including First Word in Headline and Summary. It Was Paid SPAM "Sponsored by Hammerspace".
The lost media is engaging in self-harm
Microsoft is Down
This relates in a timely fashion to what we published yesterday
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026
Daniel Pocock in Mainstream Media Again
AFR wrote an article today. It is about Pocock and another contender.
Millions of Daily Requests
4.5+ million requests in 4 days
In statCounter, a Lot of "Unknown" Turns Out to be GNU/Linux
GNU/Linux has more than doubled
3,500 Active Gemini Capsules Soon
How much longer before 3,500+ active? A month?
Gemini Links 26/07/2026: European Eclipse, Writing About Writing, and Comments on Formatting Gopher Posts
Links for the day
Stigma of Being Laid Off by Microsoft
One might call this the "curse" of having worked for Microsoft
Silent Layoffs (PIPs) Have Allegedly Accelerated Since IBM's Stock Cratered
"IBM is Managing Decline, Not Building Growth"
Non-Techs Using Slop Run Fedora and It's Turning Out to be a Total Disaster
RIP, Fedora?
Gemini Links 26/07/2026: Beach Day, CAs, and Plaintext
Links for the day
Sweden Needs GNU/Linux and Free Software, Not GAFAM
home of IKEA and ABBA
Being Pro-Slop is Death Knell to One's Credibility
It's not hard to see Ubuntu users resisting and antagonising this
Maintenance Today
Preparing for more mass-publication activities
Links 26/07/2026: "Zelenskyy Says Russia Wants To Bring North Korean Troops Into Ukraine", Muslim Van Ramming Attack on Berlin Pride
Links for the day
Centrica fraud exposed: worse than Palestine Action 'terrorists' with cardboard placards
Reprinted with permission from Daniel Pocock
Links 26/07/2026: "Nate Silver Discovers the Educated Poor" and "India’s “Cockroach” Protest Movement Faces State Repression"
Links for the day
The Slop Bubble is Killing the Planet, Not Just the Economy
The chatbot/LLM speculation bubble not only causes a health crisis, a mental health epidemic, and climate change; it's also crashing the economy on several levels
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 25, 2026
IRC logs for Saturday, July 25, 2026
IBM Hammers a CoI Into a CoCed Fedora, RIP Fedora?
Also in the "Fedora is dead" dept. today
Gemini Links 25/07/2026: Zoo, MUD, Literature, EMF Camp, and e-ID
Links for the day
European Patent Office (EPO) Series: The Solution of No Choice: A Shortlist of One
deployment of the "shortlist of one" by Campinos
Wife of Dan Williams Has Explained Mental Factors Leading to His Death
"We need to be open and honest about mental health," his wife pleads
Several New Series Coming Soon
we'll publish 8 series in tandem, in parallel
Insolvency as the New Norm in the United States' Economy
this is vastly worse than then 2008 subprime mortgage crisis
IBM's CEO Might 'Retire' or 'Step Down' by Christmas
PIP the CEO
Misleading Articles About YouTube and Google Financial Performance
The future of Google is self-serving monopolisation and destruction of the Web
Microsoft Cannot Survive the Fall of Windows
It has amassed way too much debt
Links 25/07/2026: Hong Kong Squashing Criticism/Dissent, Mirror Caught Breaking Into Voicemail
Links for the day
PIPs Are Shrinking IBM and "IBM is Managing Decline, Not Building Growth"
IBM is going down the drain
IBM is Killing the Fedora Community, Replacing It With LLM Slop From IBM Staff
Krishna buys companies only to gut them. They've all learned this from experience.
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Earlier This Year Dan Williams Prepared for Scenario Where Linus Torvalds Dies
He had only just started a job at NVIDIA
Links 25/07/2026: Data Breaches Abundant and Attribution Imperiled in the Age of Slop Hype
Links for the day
Gemini Links 25/07/2026: Poetry and Plaintext Pages
Links for the day
What is Doctor of Philosophy (Ph.D.)
In many cases, the acronym became a misnomer
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026