IRC: #techbytes @ Techrights IRC Network: Sunday, November 14, 2021

-TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Mercer Review on UK patent attorney exams released - The IPKat

schestowitz

schestowitz

I'm assuming that "file patents to cover their own products, building up a massive defensive portfolio" here meant filing applications that actually protect your products by allowing you to enforce against infringement. This is the typical way that most people in the profession would understand the term "defensive portfolio".

schestowitz

If we are instead talking about strictly defensive disclosures, made only to prevent others filing patent applications on the same thing, prosecuting patents disclosing the invention all the way to grant is the worst possible way of doing it given the availability of e.g., defensive disclosure databases that cost minimal fees to use. In many technology areas you could achieve substantially the same thing just by making sure that your e.g., product

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manuals get uploaded to the internet archive, which will archive them for free with a date-stamp. I really doubt that there are substantial numbers of people using patents that they have bothered to prosecute to grant as strictly defensive disclosures that they have no intent whatsoever of ever enforcing and do not care about the claim scope of. Defensive disclosures are rarely anything more than a subsidiary reason for filing a patent application.

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I'm also EP/UK qualified and work on I&V. I think passing P6/FD4 gives people an important basis in what is ultimately the core subject matter of the patent profession. We could do away with substantive examination tomorrow and I&V would still be at least as important, but without I&V practically no-one would bother to go through the expense of the patent prosecution process at all. That passing this exam is not a requirement for qualifying at the

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EP is neither here nor there. Simple qualification isn't the only thing anyone should care about, building competence is very important. It is also indicative that UK insurers (e.g., Pamia) tend not to insure EP-only attorneys as individuals.

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Finally, we have the fact that the Mercer report itself has refrained from endorsing any of the harsher criticisms of P6/FD4 often expressed here. It seems that there is a silent majority who made themselves heard in that process.

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For the record I agree that not every claim integer should have to be construed during the exam. I also agree that issues from outside I&V should not intrude into this exam and the length of it should be kept down. I passed the 2015 exam, which was one of the more difficult ones, and my writing hand felt like a rock at the end of it so I sympathise with people taking it now. I wish there could be more opportunities to take the exam.

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However, I don't think one incident of marks getting upgraded and another of the exam being perhaps a bit easier than in previous years (understandably following a global pandemic!) invalidates the whole process. No-one on here says this of the much more regular changes to marks awarded at the EQEs.

schestowitz

http://ipkitten.blogspot.com/2021/10/upcoming-cipa-webinar-on-mercer-review.html?showComment=1636370235530#c6283623671258265066

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schestowitz

-TechBytesBot/#techbytes-ipkitten.blogspot.com | Upcoming CIPA webinar on the Mercer Review, 29 Oct 2021 - The IPKat

schestowitz

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The problem with most of the PEB exams is the sheer volume of content and/or lack of time for anyone to properly think and process the information. It is so exhausting having a full on 5 hour examination.The amount of content in exams nowadays (and probably previously) means that there is always a rush to the end. It is not good for candidates rushing through complex issues in FD4. Even in FD1, some complex issues require some thinking time. In my

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view, candidates are forced to rush and therefore, mistakes happen or they write something utterley incorrect/inaccurate/missing things because of timing. In real life, you would not rush like this and it shouldn't happen in professional exams too.

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I think the exams needs to be cut down. 2-3 hours exam is sufficient. The exams needs to be spaced apart (having a day in between FD1 and FD2). Now that it is online, I see no reason why it cannot be spaced out more.

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http://ipkitten.blogspot.com/2021/11/why-developing-countries-are-woefully.html?showComment=1636651507178#c2188125756031225533

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | Why developing countries are woefully short of tobacco harm reduction patent protection - The IPKat

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"Although I am sympathetic to the cause of replacing cigarettes by e-cigarettes and also the promotion of IP regimes, I do not really see the link here. The absence of effective patent protection in many LMIC's does in general not hinder the sales of all kinds of consumer goods in those countries. In fact, the lack of patent rights and enforcement options removes any technology entry barrier. Anyone can just set up shop and produce and sell any kind

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of e-cigarette, free to copy any technology from any maker. "

https://twitter.com/FreeCADNews/status/1459937666787684354

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schestowitz

Nov 14 18:25

-TechBytesBot/#techbytes-@FreeCADNews: @schestowitz https://t.co/cYG9V2Nize

Nov 14 18:25

-TechBytesBot/#techbytes-@FreeCADNews: @schestowitz https://t.co/cYG9V2Nize

Nov 14 18:25

schestowitz

https://twitter.com/zoobab/status/1459901424058474500

Nov 14 18:26

-TechBytesBot/#techbytes-@zoobab: @schestowitz Bots could generate patent applications en masse.

Nov 14 18:26

schestowitz

https://twitter.com/youcefsauk/status/1459786127762731009

-TechBytesBot/#techbytes-@youcefsauk: @schestowitz This is not new in #Morocco , the only country the human being there is without value...

https://nitter.eu/Elpopularis/status/1459782026635190274

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-TechBytesBot/#techbytes- ( status 404 @ https://nitter.eu/Elpopularis/status/1459782026635190274 )

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⚓ https://nitter.eu/Elpopularis/status/1459782026635190274 ䷉ #nitter | more in http://schestowitz.com/2021/11/14/#latest