●● IRC: #techbytes @ Techrights IRC Network: Sunday, June 25, 2023 ●● ● Jun 25 [01:43] *psydroid2 has quit (connection closed) ● Jun 25 [03:14] schestowitz[TR] http://ipkitten.blogspot.com/2022/08/book-review-copyright-in-digital-single.html?showComment=1687539274382#c3154361300546432531 Could you please clarify what you mean? The IPKat has published several posts on the DSM Directive [03:14] schestowitz[TR] Any update on when will the IP Kat's treatment of the Directive be unleashed? [03:14] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Book review: Copyright in the Digital Single Market - The IPKat [03:52] *Noisytoot has quit (Ping timeout: 2m30s) [03:53] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Jun 25 [04:26] schestowitz[TR] http://ipkitten.blogspot.com/2023/06/mathematical-shapes-and-intellectual.html?showComment=1687528481016#c7668237982196387527 In the DABUS patent application for the food container, the illustrated embodiment is in the shape of a well-known geometrical figure: the Koch snowflake. [04:26] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Mathematical shapes and intellectual property a legal perspective on the "einstein tile" - The IPKat [04:26] schestowitz[TR] http://ipkitten.blogspot.com/2023/06/keeping-digital-poker-face-assessing.html?showComment=1687542792963#c3585567616744421291 Proof of the pudding is putting the finger on a problem which has been dismissed, or at least belittled by the EPO. The present decision on the hearing of witnesses is indeed coming from a board which is very keen on OP by ViCo as noted by proof of the pudding.

I commented the decision on my ow [04:26] schestowitz[TR] n blog and came to the same conclusion as proof of the pudding. There is no guarantee that the witness is not listening or participating in the OP before being heard, either as public or sitting next to a member of the public.

When it is decided to hold OP by ViCo, and a hearing of a witness has been concurrently decided, a witness should be heard in a place where it can be guaranteed that the witness does not [04:26] schestowitz[TR] gain any information from the way the OP progresses, be it directly or indirectly.

When a witness, who on top is an employee of the opponent, is heard on the premises of its employer, there is something wrong is going on.

Some solutions are possible, but all boil down to the fact that when giving its testimony it has to be insured that a witness is in a location in which it is guaranteed that it cannot follow [04:26] schestowitz[TR] the OP before being invited to testify and that he is alone in this location.

There is another problem linked with OP by ViCo. What is the legal basis allowing a deciding body of the EPO, being a division of first instance or a BA, to sit in different places when deciding the fate of an application or of a patent?

A decision of the president or Art 15a(3) RPBA21 are not a sufficient basis, as the EPC cannot b [04:26] schestowitz[TR] e amended without a diplomatic conference, cf. Art 172. Art 164(2) puts strict limits to the possibility of the Administrative Council to enact changes in the Implementing Rules of the EPC. In spite of what the presidents representatives repeated during the OP of G 1/21, the EPC cannot be changed by secondary legislation. [04:26] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Keeping a digital poker face: Assessing witness credibility in the ViCo age (T 423/22) - The IPKat ● Jun 25 [08:53] *u-amarsh04 has quit (Quit: Konversation terminated!) [08:55] *u-amarsh04 (~amarsh04@h9w2ackdz5nh2.irc) has joined #techbytes ● Jun 25 [12:56] *u-amarsh04 has quit (Quit: Konversation terminated!) ● Jun 25 [13:01] *u-amarsh04 (~amarsh04@h9w2ackdz5nh2.irc) has joined #techbytes ● Jun 25 [21:41] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes ● Jun 25 [23:46] *Moocher5254 has quit (Ping timeout: 2m30s) [23:46] *Moocher5254 (~quassel@qy2y59ha8m3v6.irc) has joined #techbytes