●● IRC: #techbytes @ Techrights IRC Network: Friday, February 16, 2024 ●● ● Feb 16 [03:33] *u-amarsh04 has quit (connection closed) [03:33] *u-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes ● Feb 16 [04:32] *jacobk has quit (Ping timeout: 2m30s) ● Feb 16 [05:16] *jacobk (~quassel@838aynky6btpe.irc) has joined #techbytes [05:19] *jacobk_ (~quassel@838aynky6btpe.irc) has joined #techbytes [05:19] *jacobk has quit (connection closed) ● Feb 16 [07:33] schestowitz "" [07:33] schestowitz upport at a general assembly meeting in Munich. [07:33] schestowitz The general assembly, which included staff representatives from EPO offices in Munich, [07:33] schestowitz Haar, and Brussels, voted in favour of the resolution with 416 supporting it, 4 against, and 31 [07:33] schestowitz abstentions. [07:33] schestowitz The staff resolution, passed on January 24, also proposed increasing recruitment, especially [07:33] schestowitz for those who perform core tasks. [07:33] schestowitz According to staff representatives, production targets and work pressure on staff have [07:33] schestowitz increased relentlessly in the last decade. At the same time, there has been mounting [07:33] schestowitz criticism from some in the industry regarding the quality of patents granted. [07:33] schestowitz The resolution said management should implement bottom-up planning, taking into [07:33] schestowitz account the input of staff, the true available work capacity, and the time needed for [07:33] schestowitz peripheral but essential tasks. [07:33] schestowitz Staff also argued that patent quality is directly related to work pressure. This was [07:33] schestowitz documented in another paper published by the offices central staff committee (CSC), which [07:33] schestowitz represents EPO staff in consultative meetings with management. [07:33] schestowitz The CSCs document, published on January 19, noted that ever-increasing productivity [07:33] schestowitz targets within the EPO did not create conditions for staff to focus on quality." [07:33] schestowitz https://www.managingip.com/article/2ctk7w58gs4fyg5qmpk3k/patents/epo-staff-vote-through-resolution-urging-quality-control [07:34] -TechBytesBot/#techbytes-www.managingip.com | EPO staff vote through resolution urging quality control | Managing Intellectual Property ● Feb 16 [08:07] *jacobk_ has quit (Ping timeout: 2m30s) ● Feb 16 [09:25] *jacobk (~quassel@rj6egqhg7yiky.irc) has joined #techbytes ● Feb 16 [10:13] *u-amarsh04 has quit (Quit: Konversation terminated!) [10:15] *u-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes [10:15] *jacobk has quit (Ping timeout: 2m30s) [10:19] *u-amarsh04 has quit (Quit: Konversation terminated!) [10:20] *u-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes [10:25] *jacobk (~quassel@838aynky6btpe.irc) has joined #techbytes [10:28] *jacobk has quit (Ping timeout: 2m30s) [10:50] *jacobk (~quassel@32hz32it3ih2k.irc) has joined #techbytes ● Feb 16 [12:12] *jacobk has quit (Ping timeout: 2m30s) [12:48] *GNUmoon2 has quit (connection closed) [12:50] *GNUmoon2 (~GNUmoon@nv3iy665cbnjn.irc) has joined #techbytes ● Feb 16 [13:27] *schestowitz-TR has quit (Quit: Konversation term) [13:27] *schestowitz-TR2 has quit (Quit: Konversation term) [13:27] *schestowitz-TR (~acer-box@24axkg87jqny6.irc) has joined #techbytes [13:27] *schestowitz-TR2 (~acer-box@freenode-54p.goo.k31cok.IP) has joined #techbytes [13:33] *schestowitz-TR has quit (Quit: Konversation term) [13:33] *schestowitz-TR2 has quit (Quit: Konversation term) [13:33] *schestowitz-TR (~acer-box@24axkg87jqny6.irc) has joined #techbytes [13:33] *schestowitz-TR2 (~acer-box@freenode-54p.goo.k31cok.IP) has joined #techbytes [13:34] *GNUmoon2 has quit (Ping timeout: 2m30s) [13:34] schestowitz http://ipkitten.blogspot.com/2024/02/board-of-appeal-proposes-substantially.html?showComment=1708014104685#c4769771168134636370 [13:34] schestowitz "However, this Kat is not sure that the dividing line between what is and what is not a device is yet entirely clear."

The Kat is not alone. Regulatory authorities also struggle with this - see the guidance on so-called "borderline products" e.g. at

https://www.gov.uk/guidance/borderline-products-how-to-tell-if-your-product-is-a-medical-device

and at

https://health.ec.europ [13:34] schestowitz a.eu/system/files/2022-12/md_borderline_manual_12-2022_en.pdf

This can have implications not only for patentability but also for SPC protection, given that borderline products might be classified as a medicinal product (and thus, in principle, SPC eligible) in one country but as a medical device (and thus not SPC eligible) in another country.

The CJEU confirmed in Boston Scientific C527/17 that products authori [13:34] schestowitz sed as medical devices are not eligible for SPC protection even though the authorisation process can include the same or similar evaluation of safety, efficacy etc. of chemical substances incorporated into those devices which would take place under the medicinal products authorisation route.

This means that a quirk of the regulatory arrangements for borderline products can cause variation in SPC eligibility for one and the sa [13:34] schestowitz me product from one country to the next." [13:34] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Board of Appeal proposes a substantially broader definition of "substance or composition" in second medical use claiming (T 1252/20) - The IPKat [13:34] -TechBytesBot/#techbytes- ( status 404 @ https://www.gov.uk/guidance/borderline-products-how-to-tell-if-your-product-is-a-medical-device
New krita.org website launched

After a lot of work, we moved our website to a new Hugo based platform! A lot of time and energy went into making this new version. There were a number of reasons and issues that we moved the site.

[13:43] schestowitz
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