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| schestowitz | http://ipkitten.blogspot.com/2023/08/adding-matter-by-amending-description.html?showComment=1691683634118#c2884521139162618415 When to "feed the troll"? Here my answer.<br /><br />In my comments to patent law blogs, when I reply to the comment of another, I try always to remember who is my wider readership. I try to write for their benefit. <br /><br />I have learned from other blogs that it is an illusion to suppose that you | Aug 12 05:33 |
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| schestowitz | will change the opinion of the one reader you are replying to, so I no longer even try. But nevertheless, I will often reply to an obdurate commenter. Why that then? <br /><br />It is whenever I think that my reply might help disinterested other readers of the blog to reach an opinion more in line with my opinion than that of my interlocutor. It's all a bit like question time at the end of presenting a Paper to a conference. The ques | Aug 12 05:33 |
| schestowitz | tion from the floor might be a tedious one but nevertheless one expects the speaker to thank the questioner sincerely for the opportunity to say some more, and will then use the opportunity to use fresh wording to make exactly the point in the Paper. Repeating the point using different words might just do the trick, and get the point across to members of the audience who didn't quite grasp it from the Paper itself. So, if the Troll giv | Aug 12 05:33 |
| schestowitz | es you such an opportunity, thank him (or her). Otherwise, just choose to make no reply. It's not rude. Rather it's the luxury given by the use of pseudonyms. | Aug 12 05:33 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Adding matter by amending the description to exclude embodiments (Ensygnia v Shell [2023] EWHC 1495 (Pat)) - The IPKat | Aug 12 05:33 | |
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| schestowitz[TR] | <li> | Aug 12 12:16 |
| schestowitz[TR] | <h5><a href="https://blog.system76.com/post/customizing-cosmic-theming-and-applications/">Customizing COSMIC: Theming and Applications</a></h5> | Aug 12 12:16 |
| schestowitz[TR] | <blockquote> | Aug 12 12:16 |
| schestowitz[TR] | <p>One of our objectives early on was to provide an easy and meaningful way to personalize your desktop’s appearance. In order to build customization into the foundation of COSMIC DE, we needed to make sure the design system was themeable.</p> | Aug 12 12:16 |
| schestowitz[TR] | </blockquote> | Aug 12 12:16 |
| schestowitz[TR] | </li> | Aug 12 12:16 |
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| schestowitz | <li> | Aug 12 12:17 |
| schestowitz | <h5><a href="https://blog.system76.com/post/customizing-cosmic-theming-and-applications/">Customizing COSMIC: Theming and Applications</a></h5> | Aug 12 12:17 |
| schestowitz | <blockquote> | Aug 12 12:17 |
| schestowitz | <p>One of our objectives early on was to provide an easy and meaningful way to personalize your desktop’s appearance. In order to build customization into the foundation of COSMIC DE, we needed to make sure the design system was themeable.</p> | Aug 12 12:17 |
| schestowitz | </blockquote> | Aug 12 12:17 |
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| schestowitz | <li> | Aug 12 12:17 |
| schestowitz | <h5><a href="https://blog.system76.com/post/customizing-cosmic-theming-and-applications/">Customizing COSMIC: Theming and Applications</a></h5> | Aug 12 12:17 |
| schestowitz | <blockquote> | Aug 12 12:17 |
| schestowitz | <p>One of our objectives early on was to provide an easy and meaningful way to personalize your desktop’s appearance. In order to build customization into the foundation of COSMIC DE, we needed to make sure the design system was themeable.</p> | Aug 12 12:17 |
| schestowitz | </blockquote> | Aug 12 12:17 |
| schestowitz | </li> | Aug 12 12:17 |
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| -TechBytesBot/#techbytes-blog.system76.com | Customizing COSMIC: Theming and Applications - System76 Blog | Aug 12 12:17 | |
| schestowitz | https://www.abuseonline.org/database/Garrett,%20Matthew/ | Aug 12 12:55 |
| -TechBytesBot/#techbytes-www.abuseonline.org | Index of /database/Garrett, Matthew | Aug 12 12:55 | |
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| schestowitz | http://ipkitten.blogspot.com/2023/08/adding-matter-by-amending-description.html?showComment=1691776036438#c7295108230981339409 | Aug 12 17:56 |
| schestowitz | In the discussion about the meaning of « description » in Art 69, I assume that at the time of the drafting of Art 69, the case of substantive amendments to the description had likely not been anticipated and the « description » the drafters had in mind was the description as filed. The word « description » in Art 69 is arguably ambiguous since there are reasonable arguments in favour of the description as filed rather than the (a | Aug 12 17:56 |
| schestowitz | mended) description of the patent. In such a case, the intent of the drafters should be analysed according to VCLT in the light of the Travaux Préparatoires, etc.<br /><br />The current practice of imposing description adaptations is explicitly justified by the objective of reducing legal uncertainty in the interpretation of claims before national courts, as clear from the press release of July 7, 2022 « EPO practice confirmed on ada | Aug 12 17:56 |
| schestowitz | ptation of description «. This is, however, clearly outside the remit of the EPO.<br /><br />In addition, the EPO practice shows a distinct lack of consistency. The requirement to impose amendments of substance in the description entails the risk of new matter, whereas the EPO case law is extremely strict on this topic. In short, the EPO on the one hand asserts the objective of reducing uncertainty in national court proceedings (which | Aug 12 17:56 |
| schestowitz | involve a tiny fraction of granted patents), whereas the current practice generates for the patentee a significant risk of revocation on the ground of new matter in opposition or court proceedings. The Ensygnia vs Shell decision illustrates this risk when the amendment is a declaration that a disclosed embodiment is outside the scope of the claims. It does not matter that the patent at issue was a UK patent, the court’s reasoning wou | Aug 12 17:56 |
| schestowitz | ld have no reason to be different for the UK part of an EP patent. It is of note that the decision acknowledges Art 69 as an « overarching principle » of claim interpretation.<br /><br />The applicant is indeed legally responsible for the content of the patent, but I think it is somewhat cavalier for the EPO to raise this argument to justify its lack of concern for the potential implications of description amendments before court proc | Aug 12 17:56 |
| schestowitz | eedings. The EPO is clearly the best placed to assess the risk of new matter, including by drawing lessons from relevant decisions of national courts. This is why I suggest that applicants challenge the description adaptations required by the ED or entered by the ED at the 71(3) stage by requesting that the ED demonstrate that the amendments do not raise a new matter issue.<br /><br />A warning as to the risk of new matter should also b | Aug 12 17:56 |
| schestowitz | e included in the relevant Guidelines to enhance awareness of the issue by EDs. | Aug 12 17:56 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Adding matter by amending the description to exclude embodiments (Ensygnia v Shell [2023] EWHC 1495 (Pat)) - The IPKat | Aug 12 17:56 | |
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| schestowitz | http://ipkitten.blogspot.com/2023/08/bad-cases-make-bad-law-has-dabus-ai.html?showComment=1691763711101#c2789389440024122462 | Aug 12 22:57 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Bad cases make bad law: Has DABUS "the AI inventor" actually invented anything? - The IPKat | Aug 12 22:57 | |
| schestowitz | ">I don't believe the DABUS cases are simply an academic exercise. Once upon a time laws were used to define certain human beings as property (slaves), and so the conversations around AI inventors are going to become more important as AI develops, especially in areas where it is more creative and more intelligent than its 'owner'. Liability for AI actions has been considered in a very serious way by the EU, see https://commission.europa | Aug 12 22:57 |
| schestowitz | .eu/business-economy-euro/doing-business-eu/contract-rules/digital-contracts/liability-rules-artificial-intelligence_en. We are going to see many more areas of life being impacted, and needing new legislation in view of AI. IP is no different, but perhaps also offers illuminating aspects on which AI functions we are going to classify as 'human' and 'non-human' especially in terms of who created the IP and who owns it." | Aug 12 22:57 |
| -TechBytesBot/#techbytes-Could not resolve host: commission.europa; Unknown error ( status 0 @ https://commission.europa ) | Aug 12 22:57 | |
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