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| schestowitz | https://yewtu.be/watch?v=uBTR611oqZA | Sep 05 01:06 |
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| schestowitz | http://ipkitten.blogspot.com/2023/08/make-no-bones-about-it-credibility-test.html?showComment=1693835170001#c1217232262193059224 | Sep 05 01:06 |
| -TechBytesBot/#techbytes-yewtu.be | OpenSolaris - Invidious | Sep 05 01:06 | |
| schestowitz | "@Anonymous<br />@Santa<br />@DX Thomas<br /><br />I posted the following comment yesterday but for some reason it has not been published, so I redo it. Sorry for the unconvenience.<br /><br />Thank you for your replies. My question somehow reflected the surprise of somebody who is not a pharma specialist at the content of claim 1 of the patent as granted : the « substance or composition » recited in claim 1 (calcium phosphate etc) be | Sep 05 01:06 |
| schestowitz | ing nothing more than bone tissue, and the « method » being a surgical step excluded under Art 53(c) EPC, how come features so clearly devoid of any patentable character can have been granted ?<br />It is to be noted that the patentee holds another EP patent (2987507) in which claim 1 as granted contains much more specific information regarding the composition. The patentee has not put all their eggs in one basket.<br />I also have to | Sep 05 01:06 |
| schestowitz | stress that the value of patents is not limited to their enforcement against infringing activities. Patents can be very effective in non-contentious relationships including to attract third party investments and partnerships. <br />I fully concur with Mr Thomas that the EPO has no reason to worry about the value of the patent in infringement proceedings. This is why I also think that the concern about legal certainty cited by the EPO a | Sep 05 01:06 |
| schestowitz | s motivation for the requirement to adapt the description to the claims is beyond its remit." | Sep 05 01:06 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Make no bones about it: The "credibility test" has no place in the novelty assessment of second medical use claims (T 0558/20) - The IPKat | Sep 05 01:06 | |
| schestowitz | "I never said that Mr Hagel’s question was not reasonable. It was simply out of bounds. What would be the legal basis for the EPO to refuse a patent for lack of commercial interest? This question has not been answered, neither by Mr Hagel, nor by yourself. <br /><br />EPO is there to grant patents if the conditions set up by the EPC are met. The rest is indeed irrelevant and has nothing to do with EPO’s self-interests. For instance, | Sep 05 01:06 |
| schestowitz | if the patent certificate ends up on the wall of inventor’s lounge, there is nothing to say. <br /><br />If an applicant/proprietor is prepared to fork out money for a patent of little commercial value, this is his problem, not that of the EPO. By the way, the patent can always been brought to lapse by not paying annual fees. <br /><br />I have granted or maintained patents, the value of which was prima facie doubtful. In view of the | Sep 05 01:06 |
| schestowitz | EPC there was no alternative. <br /><br />Once, the representative, a former colleague, told me that the “invention” was that of the head of R&D. It was anticipated to 90% by a publication in IBM Technical Disclosure Bulletin, not even a patent! If the representative would not have got a patent, he risked having a hard time. As the conditions of the EPC were met, there was no reason to refuse the application. " | Sep 05 01:06 |
| schestowitz | "This reminds me of the famous quote: "<i>Those who cannot remember the past are condemned to repeat it</i>".<br /><br />Literally every aspect of this case parallels the <i><b>Yeda</b></i> case, which was decided (by reasoned order) in November 2011. That was after the date of grant of the basic patent for Newron (EP 1 613 296 B1), but well <i>before</i> the date of grant of the divisional (EP 2 070 526 B1) containing equival | Sep 05 01:06 |
| schestowitz | ent claims in EPC2000 format.<br /><br />On this basis, it is hard to understand why the patentee did not take the precaution of securing protection for EPC2000 format claims directed to safinamide for use in the (inventive) combination therapy. That looks like it ought to have been eminently achievable, and would have given rise to eligibility for SPC protection for safinamide." | Sep 05 01:06 |
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