In fact, G 1/22 explicitly states that ex post transfer of priority rights would be allowed under the EPC (see Reasons 100 and 114), in case that a presumption of entitlement exists on the date on which the priority is claimed. The rebuttal of the presumption must also relate to this date, and that later developments cannot affect the rebuttable presumption [03:07] schestowitz " (see Reasons 109).
Based on this logic, the BoA concluded that, as being retroactive, an at least implicit transfer agreement by way of the settlement of the inventorship dispute would relate to this date, and confirmed the presumption on entitlement to exist on this date.
OK. But does this mean that, if, based on disagreement, a party has already created facts, these facts can be undone by a later settleme [03:07] schestowitz nt that is then construed to imply that the earlier disagreement did not exist? Here is what happened:
(i) Mr Marraffini has assigned his priority rights on inter alia P1 and P2 to Rockefeller University on that 12 Dec 2013 (i.e., one year after the earliest priority date) (assignment recorded at the USPTO under Reel 032309, Frame 0575).
(ii) Rockefeller filed a non-provisional application that same day, as well as a P [03:07] schestowitz CT application PCT/US2013/074611 (published as WO2014093595), claiming the priority of inter alia P1 and P2.
(iii) As recorded by a letter to the USPTO, Broad wasnt happy with this step, claiming that Rockefellers submission was not authorized by Broad, and that Marraffini was not a legitimate inventor.
As a result, the BoA envisaged that it would remit the case to the 1st instance for further negotiation.
[03:07] schestowitz
So, is it really true that the ex post transfer of priority rights, which the BoA deemed allowable, can be based on a presumption that the entitlement of such transfer existed already on 12 Dec 2013, i.e., the date on which the priority was claimed?
Point taken, but considering the patent monopoly is eventually maintained - what does this all change, now, for those interested in using the technology, and asking themsel [03:07] schestowitz ves who to apply for a license?
Well, not much. The licensing situation in the US remains unaffected by this decision, while in Europe, CVC still has the earlier priority date (25. May 2012 vs. 12. Dec 2012), and has claims that encompass the application in eukaryotes (see e.g., CVCs EP280081B1, which was found, in 1st instance, to sufficiently enable claims related to the use in eukaryotes, because combinations with NLS [03:07] schestowitz (nuclear localization sequences) would be known from ZFN and TALEN, and a combination thereof with CRISPR would be in the routine of the skilled artisan. This case is in appeal though and oral hearings will take place in Oct 2024).
So, the recent decision does not make it easier for those who what to use the technology - but probably not more difficult either." [03:45] *jacobk has quit (Ping timeout: 2m30s) ● Mar 22 [04:49] schestowitz Harvey scheduled this latest story for 2024 (leap year). [04:49] schestowitz http://tobkes.othellomaster.com/ [04:49] -TechBytesBot/#techbytes-tobkes.othellomaster.com | Harvey Tobkes ● Mar 22 [05:22] schestowitzI didn't tell John about it, but I got a check from the car finance company. They said it was overpaid by $801 so they made a check out to me. [05:22] schestowitz He made off with $11,000 after they paid the car loan off. And yeah, he gave me $2200 of it. [05:22] schestowitz But yeah. [05:22] schestowitz Now he's doing some class action against Kia demanding another $4,000 for himself. [05:22] schestowitz Kia didn't bother to put any antitheft systems in and then they had that "car theft challenge". [05:22] schestowitz DaemonFC: yesterday i saw a kia van [05:22] schestowitz very large [05:22] schestowitz for a korean [pun] [05:22] schestowitz i recalled all the issues [05:22] schestowitz locking [05:23] schestowitz spontaneous fires [05:23] schestowitz can't figure out why people in the uk buy these [05:23] schestowitz we have our european car brands [05:23] schestowitz and they don't try and fail at "smart" things [05:25] DaemonFC You mean they try and fail because they're made in Europe. [05:25] DaemonFC And if you insult the people who made it, they can have you arrested by Scotland. [05:26] DaemonFC France is horrible. [05:26] DaemonFC The UK is so-so. [05:26] DaemonFC Canada is just Discount UK. [05:26] DaemonFC Canadians need to be invaded. They really do. [05:27] DaemonFC They need to be invaded and have a proper legal system inflicted on them, like Japan was. [05:27] DaemonFC After five years or so, we leave them to it, but only sort of. [05:28] DaemonFC Trudeau can be arrested and tried for crimes against human rights. [05:29] DaemonFC Including expression, assembly, speech, religion, and the free press. [05:30] DaemonFC Like Saddam Hussein only a little different. [05:36] schestowitz wow [05:36] schestowitz some "ideas" right there [05:36] schestowitz standup comedy by ryan ● Mar 22 [07:09] schestowitz [07:09] schestowitz [07:09] *Guest27837 (uid633657@freenode-m2nbo6.focq.uge0.8cnpra.IP) has joined #techbytes [07:09] -TechBytesBot/#techbytes-blog.davidedmundson.co.uk | Trusting content on the KDE Store David Edmundson's Web Log [07:51] *x-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes ● Mar 22 [09:13] *x-amarsh04 has quit (Quit: Konversation terminated!) [09:18] *Guest27837 has quit (Quit: Connection closed for inactivity) [09:34] *jacobk (~quassel@838aynky6btpe.irc) has joined #techbytes [09:41] *x-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes ● Mar 22 [10:25] *jacobk has quit (Ping timeout: 2m30s) [10:29] *Guest27837 (uid633657@freenode-m2nbo6.focq.uge0.8cnpra.IP) has joined #techbytes [10:52] *jacobk (~quassel@32hz32it3ih2k.irc) has joined #techbytes ● Mar 22 [12:24] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes [12:37] *Guest27837 has quit (Quit: Connection closed for inactivity) ● Mar 22 [15:28] schestowitzTrusting content on the KDE Store
[07:09] schestowitz[07:09] schestowitz[07:09] schestowitzA global theme on the kde third party store had an issue where it executed a script that removed user's data. It wasn't intended as malicious, but a mistake in some shell parsing. It was promptly identified and removed, but not before doing some damage to that user.
[07:09] schestowitzThis has started a lot of discourse around the concept of the store, security and upstream KDE. With the main question how can a theme have access to do this?
[07:09] schestowitz[15:28] schestowitz [15:28] schestowitz [15:28] schestowitzSystem76's Lemur Pro Linux Laptop Gets Intel Core Ultra Chips
[15:28] schestowitz[15:28] schestowitz[15:28] schestowitzThere are some external upgrades to go along with internal hardware changes, too. The Lemur Pro offers a vibrant display with upgraded screen real estate, aiding multitasking and productivity by adopting a 16:10 aspect ratio for improved vertical space. The laptop features a lightweight, durable magnesium alloy construction. The Lemur Pro weighs a mere 2.2 lbs, offering portability without comp [15:28] schestowitz romising on size. And despite the tiny footprint, we have upgraded battery life as well, with up to 14 hours of juice to keep things going.
[15:28] schestowitz[15:28] schestowitz [15:28] -TechBytesBot/#techbytes-www.howtogeek.com | System76's Lemur Pro Linux Laptop Gets Intel Core Ultra Chips [15:29] -TechBytesBot/#techbytes-blog.system76.com | System76 Introduces Ultraportable Laptops with Intel Core Ultra Processors - System76 Blog ● Mar 22 [18:28] *Guest27837 (uid633657@freenode-m2nbo6.focq.uge0.8cnpra.IP) has joined #techbytes ● Mar 22 [20:18] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [20:37] *Guest27837 has quit (Quit: Connection closed for inactivity) ● Mar 22 [21:14] *jacobk has quit (Ping timeout: 2m30s) [21:47] *psydroid2 has quit (Quit: KVIrc 5.0.0 Aria http://www.kvirc.net/) [21:52] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Mar 22 [23:08] *Noisytoot has quit (Ping timeout: 2m30s) [23:08] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytesSystem76 Introduces Ultraportable Laptops with Intel Core Ultra Processors
[15:28] schestowitz[15:28] schestowitz[15:28] schestowitzSystem76, the premier Linux computer manufacturer, is devoted to engineering machines that serve as catalysts for discovery and innovation. Today, System76 announces major updates to their line of Ultraportable Laptops, including the featherweight Lemur Pro that is releasing today. Now equipped with Intel Core Ultra (Series 1) processors, these laptops are the driving force behind a new campaig [15:28] schestowitz n, Purpose Unfolds , which celebrates users who dedicate themselves to uncovering new advancements in the mysteries of Earth, space, and cyberspace.
[15:28] schestowitzA later addition to the new laptop line is an upgraded Darter Pro with an Intel Ultra Core 7 H-class processor, serving researchers, developers, and systems engineers with the means to master their passions at home and around the world
[15:28] schestowitz