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| schestowitz[TR] | https://patentblog.kluweriplaw.com/2024/01/28/quality-at-the-epo-staff-and-industry-concerns-not-addressed/#comments | Feb 01 00:41 |
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| schestowitz[TR] | " | Feb 01 00:41 |
| schestowitz[TR] | I agree with most of your comments and appreciate your detailed analysis. | Feb 01 00:41 |
| schestowitz[TR] | You stated: | Feb 01 00:41 |
| schestowitz[TR] | “If patents which appear important for parties are not resisting oppositions very well, it allows to have doubts about the validity of patents which are not opposed.” | Feb 01 00:41 |
| schestowitz[TR] | I think you overlook the bias introduced by the fact that a party wishing to challenge a granted patent usually first seeks advice as to whether there is a reasonable chance of a successful challenge. Only after an initial (“positive”) analysis would the party file an opposition (and be more likely to prevail in the opposition). If the attorney discourages filing an opposition (for lack of reasonable chances of success), the | Feb 01 00:41 |
| schestowitz[TR] | EP patent will not be included in the opposition statistics. | Feb 01 00:41 |
| schestowitz[TR] | However, I agree that looking at the (low) number of opposed patents compared to the total number of granted patents does not necessarily say much about the quality of the granted patents. | Feb 01 00:41 |
| schestowitz[TR] | It would be interesting to correlate the breadth of granted patents with the opposition rate. Typically, overly broad patents are opposed (and opposed more successfully). Whether the initial breadth was justified or not is a question of quality. However, there are many narrow patents where the limitations imposed were not justified (which also indicates a lack of quality of examination). So narrow patents should not be confused | Feb 01 00:41 |
| schestowitz[TR] | with “high quality” patents, even if they attract fewer oppositions (and are harder to oppose). | Feb 01 00:41 |
| schestowitz[TR] | The take-home message might be: numbers are difficult indicators for assessing substantive quality. This is a problem for both sides, including the EPO (which uses timeliness and products/time). It is therefore important to continue the dialog on substantive examination quality issues. | Feb 01 00:41 |
| schestowitz[TR] | Reply | Feb 01 00:41 |
| schestowitz[TR] | curious attorney | Feb 01 00:41 |
| schestowitz[TR] | January 30, 2024 at 9:21 pm | Feb 01 00:41 |
| schestowitz[TR] | EPO examiners only judge the arguments and submissions of the parties, so if the parties argue differently in the two instances, a different outcome is very plausible, in addition to a quite different level of judgement between the two instances. What about grants that have been revoked/amended in opposition and then the patentee’s appeal has been rejected? Should this not be the only real quality index? Are there any statistics o | Feb 01 00:41 |
| schestowitz[TR] | n this over time? | Feb 01 00:41 |
| schestowitz[TR] | " | Feb 01 00:41 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Quality at the EPO: staff and industry concerns not addressed - Kluwer Patent Blog | Feb 01 00:41 | |
| schestowitz[TR] | shing-on-the-open-web-is-broken-how-gen | Feb 01 02:45 |
| schestowitz[TR] | <li><h5><a href="https://www.linuxlinks.com/best-free-open-source-appimage-desktop-integration-tools/">5 Best Free and Open Source AppImage Desktop Integration Tools</a></h5><blockquote><p>Here's our survey of tools which help integrate AppImages into your desktop. Only free and open source software is included. </p> </blockquote></li> | Feb 01 02:45 |
| -TechBytesBot/#techbytes-5 Best Free and Open Source AppImage Desktop Integration Tools - LinuxLinks | Feb 01 02:45 | |
| schestowitz[TR] | Do you want to help me build the case for a manslaughter prosecution? | Feb 01 03:39 |
| schestowitz[TR] | These are the four points to prove: | Feb 01 03:39 |
| schestowitz[TR] | 1. who has a duty of care (the email from Shuttleworth proves that, his | Feb 01 03:39 |
| schestowitz[TR] | resignation from Debian also suggests he doesn't want to be in | Feb 01 03:39 |
| schestowitz[TR] | proximity. Proximity is the word used by the CPS) | Feb 01 03:39 |
| schestowitz[TR] | - can you identify any other suspects apart from Chris Lamb, Steve | Feb 01 03:39 |
| schestowitz[TR] | McIntyre and Mark Shuttleworth? | Feb 01 03:39 |
| schestowitz[TR] | 2. breach of duty (the toxic environment, sounds like you have evidence | Feb 01 03:39 |
| schestowitz[TR] | of that), can be any combination of acts or alternatively failures to | Feb 01 03:39 |
| schestowitz[TR] | act + evidence of the toxic environment that exists | Feb 01 03:39 |
| schestowitz[TR] | 3. causation - how did the toxic environment cause one or more of the | Feb 01 03:39 |
| schestowitz[TR] | deaths? | Feb 01 03:39 |
| schestowitz[TR] | 4. grossness of the breach of duty: regular negligence is not enough. | Feb 01 03:39 |
| schestowitz[TR] | What was gross about it? E.g. the Debian Christmas lynchings were | Feb 01 03:39 |
| schestowitz[TR] | extreme because they were perpetuated in a universally respected holiday | Feb 01 03:39 |
| schestowitz[TR] | period | Feb 01 03:39 |
| schestowitz[TR] | At the moment I have my hands full with other cases. Will FWD... | Feb 01 03:39 |
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| schestowitz[TR] | http://ipkitten.blogspot.com/2024/01/upc-and-italy-sign-milan-headquarters.html?showComment=1706558399471#c1131460480709062116 | Feb 01 05:25 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | UPC and Italy sign Milan headquarters’ Agreement - The IPKat | Feb 01 05:26 | |
| schestowitz[TR] | "Could anybody tell me what is the legal basis of the formal agreement on the Headquarters of the third seat of the UPC Central Division in Milan?<br /><br />How can it be that a court purposedly ignores the terms of the treaty under which it has been set up? <br /><br />Art 87(2) UPCA has also been flagrantly misused. It was never concieved to adapt a treaty without any exit clause to the "withdrawal" of the UK!" | Feb 01 05:26 |
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| schestowitz[TR] | x https://qz.com/microsoft-earnings-ai-cloud-services-1851210170 | Feb 01 18:49 |
| -TechBytesBot/#techbytes-qz.com | Microsoft earnings show AI driving cloud services revenue | Feb 01 18:49 | |
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| schestowitz[TR] | sarcasm aside | Feb 01 21:27 |
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| schestowitz[TR] | "Back in the days when VHS was in its heyday, I used to collect VHS copies of classic (non-PC) cartoons. A couple consisted of early ones where the US copyright monopoly had evidently expired as they had not been released by their original film companies. The slip case of one had an image of one of the characters, and a notice stating that the image was taken from a frame of the film to indicate its contents and was not being us | Feb 01 23:19 |
| schestowitz[TR] | ed in a trade mark sense.<br /><br />I understand that, when television started affecting cinema attendances in the USA, many film companies sold their back catalogues to the TV companies or didn't bother renewing their copyrights in the less popular titles. Disney was an exception, maintaining ownership and normally refusing permission to broadcast them on TV. " | Feb 01 23:19 |
| schestowitz[TR] | http://ipkitten.blogspot.com/2024/01/is-mickey-mouse-in-public-domain.html?showComment=1706655738546#c7404586033121493627 | Feb 01 23:19 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Is Mickey Mouse in the Public Domain? - The IPKat | Feb 01 23:20 | |
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