IRC: #techbytes @ Techrights IRC Network: Sunday, December 24, 2023

-TechBytesBot/#techbytes-ipkitten.blogspot.com | Unambiguous disclosure without patent profanity (T 2171/21) - The IPKat

schestowitz

"It must be remembered that added matter can be used by the EPO to revoke a patent monopoly when it is clear it will fail subsequently on enablement or inventive step, as added matter is normally discussed first at a hearing. This shouldn't happen, but it is human nature to get of cases as quickly as possible when it is clear a patent monopoly is not deserved. In this case the word 'pointer' probably took on a very complex meaning in th

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at the data in the specification did not adequately reflect the claimed matter, and so the references to multiple selections and lack of pointer in the decision actually means that the data in the spec do not provide a good enough reason to justify limiting to the claimed combinations. <br />But there are also worrying aspects here to how the EPO is operating. I think we need to consider whether or not added matter should be available

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as such a powerful ground for attack in opposition. It may be better to adopt a test similar to national courts which rarely revoke for added matter (for example the 'new information' test of the UK Courts). I think post-grant must be recognised as different to pre-grant, and added matter at the EPO is too strict to use as a tool to revoke patents. <br />Also there is a further issue now of how the UPC will consider added matter, and o

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ne hopes it does not emulate the EPO on this, which unfortunately is looking possible given the decisions that have come out so far from the UPC. EPO case law and procedures will be helpful to the UPC, and in view of this the Boards in particular must become more judicial and court-like. Otherwise the UPC risks becoming too much like a patent monopoly office. We might think that the UPC and Boards are different and can therefore operate

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different sets of case law, but given that the UPC does not have any 'history' it is unlikely to remain free of EPO influence."

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This one? https://register.epo.org/application?number=EP20164728&lng=en&tab=doclist

-TechBytesBot/#techbytes-register.epo.org | EP About this file - European Patent Register

schestowitz

"In 212 F.3d 1241 (Fed. Cir. 2000)), "The Federal Circuit agreed with the district court, noting that throughout the prosecution history, Bayer asserted that they were claiming “a special form of nifedipine, namely having a specific surface area of 1.0 to 4 m2/g,” which was a “superior inventive range.” (the accused product used a value above 5 m2/g). I'm curious about the case that made 'preferably' into USA patent monop

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oly profanity."

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<li>

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<h5><a href="https://www.atlanticcouncil.org/in-depth-research-reports/report/how-to-hold-the-islamic-republic-of-iran-accountable-in-european-courts/">How to hold the Islamic Republic of Iran accountable in European courts</a></h5>

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<p>This report from the Atlantic Council’s Strategic Litigation Project explores accountability options that European states in particular can pursue, with the help of civil society. Throughout Europe, states have adopted universal jurisdiction provisions, which allow them to prosecute acts that constitute core international crimes—genocide, war crimes, and crimes against humanity—even if th

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e crime was committed in a different state by and against foreign nationals. Sweden used these provisions to convict former IRI official Hamid Noury for murder and war crimes committed during the 1988 prison massacres, but so far no other IRI official has been tried under universal jurisdiction provisions for crimes committed in Iran, despite newfound opportunities to pursue these cases.</p>

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-TechBytesBot/#techbytes-www.atlanticcouncil.org | How to hold the Islamic Republic of Iran accountable in European courts - Atlantic Council

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<h5><a href="https://pointieststick.com/2023/12/22/this-week-in-kde-holiday-bug-fixes/">This week in KDE: Holiday bug fixes</a></h5>

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<p>Like last week, the focus remained on getting the megarelrease ready for, well, a mega release! Along the way folks have been starting their well-earned vacations, so the pace of work understandably decreased a bit. Accordingly, this will be the last regular weekly post of the year, with at least next week’s skipped, and possibly the next two. Happy holidays, everyone! Rest and rechar

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ge so we can hit the ground running in 2024. 🙂</p>

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</blockquote>

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-TechBytesBot/#techbytes-pointieststick.com | This week in KDE: Holiday bug fixes – Adventures in Linux and KDE