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| schestowitz | http://ipkitten.blogspot.com/2024/03/discrepancies-in-description-should-be.html?showComment=1710853998609#c2783625416560008355 | Mar 21 00:02 |
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| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Discrepancies in the description should be amended in line with the claims, but do not affect interpretation of the claims (T 0447/22) - The IPKat | Mar 21 00:02 | |
| schestowitz | "The logical flaws and inconsistencies in the EPO’s approaches to Art 84 and Art 69 EPC number more than a few.<br /><br />Firstly, the majority line of case law adopts the position that the “principle of the primacy of the claims” means that, where the claims are clear enough on their own, the description should not be used to interpret the claims. As I have commented on another blog (https://blog.ipappify.de/t-1628-21-on-the-app | Mar 21 00:02 |
| schestowitz | lication-of-art-69-in-procedures-before-the-epo-when-it-comes-to-interpretation-of-the-claims/) this can lead to situations where the EPO affords different meanings to the same wording of the same claim, depending upon whether that claim is present in:<br />- an application or patent monopoly that is the subject of proceedings before the EPO; or<br />- an application or patent monopoly that is <i>prior art for</i> a later case that is t | Mar 21 00:02 |
| schestowitz | he subject of proceedings before the EPO.<br /><br />Secondly, the majority line of case law asserts that “inconsistencies” between the description and claims should be eliminated, on the grounds that they “<i><b>could</b> cast doubt on the extent of protection conferred by the patent</i>>”. This is problematic for at least four reasons.<br /><br />(a) The EPO’s approach to interpreting the claims (discussed above) means th | Mar 21 00:02 |
| schestowitz | at they only determine the <b>plain</b> meaning, as opposed to the <i>intended</i> meaning. According to consistent case law of multiple national courts, only the latter is correct (and is, in fact, what Art 69 EPC and its Protocol demand). Thus, adapting the description to what is likely to be the <b>wrong</b> interpretation of the claims is liable to generate grounds for invalidity due to addition of subject matter.<br /><br />(b) The | Mar 21 00:02 |
| schestowitz | majority case law permits “support” objections under Art 84 EPC to be raised on a <b><i>purely hypothetical</i></b> basis, and without proper reasoning. All that need be asserted is that an alleged inconsistency <i>could</i> cast doubt upon the scope of the claims, not that it actually does so. However, as illustrated by the decision in T447/22, the presence of alleged “inconsistencies” does not necessarily cast doubt upon how | Mar 21 00:02 |
| schestowitz | the claims should be interpreted.<br /><br />(c) It is well-established case law of the EPO that the claims must be clear <b>on their own</b>. The reasons given for this (see https://www.epo.org/en/legal/case-law/2022/clr_ii_a_1_1.html) essentially relate to legal certainty, with the Boards explaining that:<br />- the purpose of the claims is “<i>to enable the protection conferred by the patent monopoly to be determined</i>”)<br />- | Mar 21 00:02 |
| schestowitz | “<i>The public should not be left in any doubt as to which subject-matter is covered and which is not</i>”; and<br />- “<i>The skilled person should be able to establish the demarcation of the scope of the claim (i.e. its extent of protection) without undue burden</i>”.<br /><br />Thus, if the EPO is satisfied that a claim set complies with the clarity requirement of Art 84 EPC, this would appear to preclude any subsequent asse | Mar 21 00:02 |
| schestowitz | rtion that there is any “doubt as to which subject-matter is covered and which is not”.<br /><br />In other words, the EPO’s own case law contradicts both the theory and (as illustrated by T447/22) the practice behind Art 84 EPC support objections.<br /><br />(d) The EPO may interpret the claims. However, with the possible exception of cases where issues under Art 123(3) EPC arise, it <b>never</b> determines the extent of protecti | Mar 21 00:02 |
| schestowitz | on conferred by the claims. It is therefore nonsensical for the EPO to worry about <i>hypothetical</i> issues relating to a matter (the extent of protection conferred by the claims) upon which it makes no determination and, frankly, is beyond its remit.<br /><br />All of the above simply deepens the mystery of why the EPO is so insistent on sticking with its description adaptation practice. Cui bono? The only answer to this question tha | Mar 21 00:02 |
| schestowitz | t I have is: certainly not patent monopoly applicants or proprietors!" | Mar 21 00:02 |
| -TechBytesBot/#techbytes-blog.ipappify.de | T 1628/21 – On the application of Art 69 in procedures before the EPO when it comes to interpretation of the claims – IP.appify Blog | Mar 21 00:03 | |
| -TechBytesBot/#techbytes-www.epo.org | 1.1. Purpose of claims under Article 84 EPC | Mar 21 00:03 | |
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| schestowitz | "Bill Gates' TerraPower to Fast Track First Next-Gen Nuclear Plant in US" | Mar 21 09:48 |
| schestowitz | x https://www.sciencealert.com/bill-gates-terrapower-to-fast-track-first-next-gen-nuclear-plant-in-us | Mar 21 09:48 |
| -TechBytesBot/#techbytes-Bill Gates' TerraPower to Fast Track First Next-Gen Nuclear Plant in US : ScienceAlert | Mar 21 09:48 | |
| schestowitz | " Microsoft hires Google DeepMind cofounder Mustafa Suleyman to run its consumer AI " | Mar 21 09:48 |
| schestowitz | https://economictimes.indiatimes.com/tech/technology/microsoft-hires-google-deepmind-cofounder-mustafa-suleyman-to-run-its-consumer-ai/articleshow/108625373.cms | Mar 21 09:48 |
| schestowitz | "Microsoft appoints Inflection AI CEO Mustafa Suleyman to lead its consumer AI unit" | Mar 21 09:48 |
| schestowitz | https://siliconangle.com/2024/03/19/microsoft-appoints-inflection-ai-ceo-mustafa-suleyman-lead-consumer-ai-unit/ | Mar 21 09:48 |
| -TechBytesBot/#techbytes-economictimes.indiatimes.com | Mustafa Suleyman Microsoft Consumer AI: Microsoft hires Google DeepMind cofounder Mustafa Suleyman to run its consumer AI - The Economic Times | Mar 21 09:48 | |
| -TechBytesBot/#techbytes-Microsoft appoints Inflection AI CEO Mustafa Suleyman to lead its consumer AI unit - SiliconANGLE | Mar 21 09:48 | |
| schestowitz | "Microsoft is attracting growing criticism for censoring Bing in China" | Mar 21 09:57 |
| schestowitz | x https://www.hindustantimes.com/business/microsoft-is-attracting-growing-criticism-for-censoring-bing-in-china-101710960509284.html | Mar 21 09:57 |
| -TechBytesBot/#techbytes-www.hindustantimes.com | Microsoft is attracting growing criticism for censoring Bing in China - Hindustan Times | Mar 21 09:57 | |
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| schestowitz | <li> | Mar 21 10:22 |
| schestowitz | <h5><a href="https://www.gamingonlinux.com/2024/03/gnome-46-is-out-now-with-experimental-variable-refresh-rate-vrr-support/">GNOME 46 is out now with experimental variable refresh rate (VRR) support</a></h5> | Mar 21 10:22 |
| schestowitz | <blockquote> | Mar 21 10:22 |
| schestowitz | <p>The release many GNOME fans have been waiting for is here and it's looking really fancy. GNOME 46 available now brings on experimental variable refresh rate (VRR) support. There's masses more of course!</p> | Mar 21 10:22 |
| schestowitz | </blockquote> | Mar 21 10:22 |
| schestowitz | </li> | Mar 21 10:22 |
| -TechBytesBot/#techbytes-GNOME 46 is out now with experimental variable refresh rate (VRR) support | GamingOnLinux | Mar 21 10:22 | |
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