●● IRC: #techbytes @ Techrights IRC Network: Saturday, July 08, 2023 ●● ● Jul 08 [02:07] schestowitz[TR] http://ipkitten.blogspot.com/2023/06/new-eba-referral-when-is-prior-use-of.html?showComment=1688639842071#c7034933227914909924 [02:07] schestowitz[TR] "Thanks Niko. So according to G1/92 for a marketed ...
Thanks Niko. So according to G1/92 for a marketed product an incentive is not necessary. But for products in nature, practically speaking, the approach is very different at the EPO. Much of biotech practice, and the validity of the biotech patents that are granted, relies on the fact that nature is not disclosed (or prior art) in any analysed or characterised [02:07] schestowitz[TR] way. For example the individual substances in the leaf are not disclosed.

This referral is interesting because it concerns disclosure of a polymer and polymers are very difficult to fully analyse and replicate exactly, but you can often come pretty close to replicating something similar. So essentially we need a polymer-specific decision to solve the legal issue here which takes into account the technical limitations (an [02:07] schestowitz[TR] d vagueness) inherent in the art" [02:07] -TechBytesBot/#techbytes-ipkitten.blogspot.com | New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement? - The IPKat ● Jul 08 [03:21] schestowitz[TR] > Roy -- last night two trolls, one of which is Matthew Garrett, [03:21] schestowitz[TR] > registered the names `phanes` and `bagira` to nickserv, and then set [03:21] schestowitz[TR] > restrictions on nickserv that prevent anyone from using the nicknames. [03:21] schestowitz[TR] > [03:21] schestowitz[TR] > This not only allows them to impersonate me at any time on your publicly [03:21] schestowitz[TR] > logged server, but also prevents me from using my established identities [03:21] schestowitz[TR] > on your network. [03:21] schestowitz[TR] > [03:21] schestowitz[TR] > Can you please drop those registrations, so that I can register my [03:21] schestowitz[TR] > identity? Trolling around is fine, but this kind of thing is [03:21] schestowitz[TR] > historically past a boundary. [03:21] schestowitz[TR] > ● Jul 08 [07:11] schestowitz[TR] are you going to fix this issue with my nicks? [07:11] schestowitz[TR] need you to drop registration for phanes and bagira so i can register them [07:52] schestowitz[TR] !auth login shredder ● Jul 08 [08:48] *parsifal has quit (Quit: Leaving) [08:56] *You are now known as schestowitz ● Jul 08 [09:52] *rianne (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [09:52] *asusbox (~rianne@3stvfjh5iuw88.irc) has joined #techbytes ● Jul 08 [10:56] schestowitz x https://www.thehindu.com/news/national/andhra-pradesh/amazon-trucks-to-be-used-for-distribution-of-books-to-government-schools-located-in-remote-areas/article67054859.ece [10:56] -TechBytesBot/#techbytes-www.thehindu.com | Amazon trucks to be used for distribution of books to government schools located in remote areas - The Hindu ● Jul 08 [11:18] *u-amarsh04 has quit (Quit: Konversation terminated!) [11:20] *liberty_box has quit (Ping timeout: 2m30s) [11:20] *rianne_ has quit (Ping timeout: 2m30s) [11:22] *rianne has quit (Ping timeout: 120 seconds) [11:22] *u-amarsh04 (~amarsh04@h9w2ackdz5nh2.irc) has joined #techbytes [11:39] *rianne has quit (Quit: Ex-Chat) [11:39] *rianne (~rianne@3stvfjh5iuw88.irc) has joined #techbytes ● Jul 08 [12:41] *liberty_box (~liberty@3stvfjh5iuw88.irc) has joined #techbytes [12:41] *rianne_ (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [12:41] *rianne (~rianne@freenode-7uc.ra8.a7lnth.IP) has joined #techbytes ● Jul 08 [14:56] *liberty_box has quit (Ping timeout: 2m30s) [14:56] *rianne_ has quit (Ping timeout: 2m30s) [14:57] *rianne has quit (Ping timeout: 120 seconds) [14:58] *rianne_ (~rianne@3stvfjh5iuw88.irc) has joined #techbytes [14:58] *rianne (~rianne@freenode-7uc.ra8.a7lnth.IP) has joined #techbytes [14:59] *liberty_box (~liberty@3stvfjh5iuw88.irc) has joined #techbytes ● Jul 08 [15:58] *Moocher5254 has quit (Ping timeout: 2m30s) [15:58] *Moocher5254 (~quassel@qy2y59ha8m3v6.irc) has joined #techbytes ● Jul 08 [16:01] *rianne has quit (Ping timeout: 2m30s) [16:01] *asusbox has quit (Ping timeout: 2m30s) ● Jul 08 [17:07] schestowitz http://ipkitten.blogspot.com/2023/06/when-is-it-necessary-to-amend.html?showComment=1688733521830#c4616359725132707455 [17:07] -TechBytesBot/#techbytes-ipkitten.blogspot.com | When is it necessary to amend the description of a patent post-grant (T2391/18) - The IPKat [17:07] schestowitz "The cat says:
As such, it would appear that any amended claims submitted during opposition that include limitations not present in the granted claims should always be accompanied by a corresponding amended description.

Well, that remains to be seen. Boards clearly diverge on this issue. So if you end up with a Board who considers the provisions of the Office and the Guidelines on extensive redaction of the description [17:07] schestowitz that has been set up as a doctrine of people who have written the guidelines based on a mutilation of Article 84 a heap of nonsense - there are such Boards, as we have seen -, post-grant claim amendments may not require amendments of the description.

When will there finally be a Technical Board of Appeal that has the courage to refer this issue on divergence of case law to the Enlarged Board of Appeal?" ● Jul 08 [18:27] *MinceR has quit (Ping timeout: 2m30s) [18:27] *MinceR (~mincer@bringer.of.light) has joined #techbytes [18:27] *irc.techrights.org sets mode +a #techbytes MinceR ● Jul 08 [22:15] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes