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| schestowitz | http://ipkitten.blogspot.com/2024/01/upc-munich-local-division-takes-novel.html?showComment=1704967605194#c1664194437210199522 | Jan 13 04:01 |
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| schestowitz | "" | Jan 13 04:01 |
| schestowitz | No one has mentioned 'added matter' in their comments, but I am hopeful the UPC will develop a philosophy closer to the lenient tests used in national courts. It is difficult to exactly state the UK courts' philosophy, but it seems to be a 'new information' test rather than what is disclosed directly by the words of the patent monopoly or complex imagined combinations of features. I hope the UPC will consider added matter the preser | Jan 13 04:01 |
| schestowitz | ve of the EPO, and once a patent monopoly is granted by the EPO added matter no longer needs to be assessed with the same strictness as the EPO. I think that is a sensible approach given that added matter is really a 'formal' issue rather than a substantive issue, but at the moment I fear the UPC is being a little too experimental to really be conscious of how it wants to develop its case law. I believe it would not be helpful for t | Jan 13 04:01 |
| schestowitz | he UPC to directly adopt the EPO's tests for added matter. | Jan 13 04:01 |
| schestowitz | " | Jan 13 04:01 |
| schestowitz | "We do indeed seem to be in agreement on this occasion. I think that this happens more often than you might realise. I still live in hope that we can somehow find common ground (if not complete agreement) on the topic where our views seem to differ quite sharply.<br /><br />For me, the biggest failing in the Munich LD's decision is the failure to identify the <i>national</i> law that determines the acts against which a <b>unitary</b | Jan 13 04:01 |
| schestowitz | > patent monopoly provides protection.<br /><br />It is essential for the profession, and for the broader public, that we gain an understanding of how the UPC will interpret Article 5.3 of Regulation 1257/2012. This is not least because there will undoubtedly be cases in which the parties will be <i>very</i> keen for the UPC to rule upon this issue. Indeed, it is easy to envisage cases in which the selection of one national law over | Jan 13 04:01 |
| schestowitz | another might determine the outcome. For example, where the so-called "Bolar" exemption might provide a defence to infringement, patentees will want the UPC to select a national law having a narrow Bolar, whereas the alleged infringers will instead want the UPC to select a national law having a broad Bolar (eg German national law).<br /><br />I cannot recall whether the interpretation of Article 5.3 of Regulation 1257/201 | Jan 13 04:01 |
| schestowitz | 2 has yet been pertinent to any other cases before the UPC. However, given the thorny issues that it throws up, I suspect that most divisions of the court will follow the Munich LD's example ... by avoiding, for as long as possible, any attempts to interpret that provision." | Jan 13 04:01 |
| schestowitz | http://ipkitten.blogspot.com/2024/01/upc-munich-local-division-takes-novel.html?showComment=1704995876443#c4633457375597570374 | Jan 13 04:02 |
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| schestowitz | <li> | Jan 13 10:35 |
| schestowitz | <h5><a href="https://blog.linuxmint.com/?p=4624">Linux Mint 21.3 “Virginia” released!</a></h5> | Jan 13 10:35 |
| schestowitz | <blockquote> | Jan 13 10:35 |
| schestowitz | <p>Linux Mint 21.3 is a long term support release which will be supported until 2027. It comes with updated software and brings refinements and many new features to make your desktop even more comfortable to use.</p> | Jan 13 10:35 |
| schestowitz | </blockquote> | Jan 13 10:35 |
| schestowitz | </li> | Jan 13 10:35 |
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