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schestowitz[TR2]http://ipkitten.blogspot.com/2025/01/functional-claims-for-pharmaceutical.html?showComment=1737718371381#c5725274946616448181Jan 26 06:00
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Functional claims for pharmaceutical formulations: Validity versus enforcement (T 2130/22) - The IPKatJan 26 06:00
schestowitz[TR2]"I am not sure I agree with the statement "the court construed a claim as inherently requiring the technical effect relied on for inventive step, even though this effect was not explicitly claimed". The issue in Astellas v Teva [2023] EWHC 2571 (Pat) was one of construction rather than the UK and EPO being drastically different in relation to inventive step and sufficiency, or the UK always reading limitations from the deJan 26 06:00
schestowitz[TR2]scription into the claims. <br /><br />A definition of &quot;for modified release&quot; was read into the claim as a point of construction. If the claim had merely stated &quot;A composition comprising&quot; and then defined the composition by its composition without any reference to function, then there would have been no sufficiency issue.<br /><br />I fully endorse the UK court's approach in the Astellas case. If you choose to rJan 26 06:00
schestowitz[TR2]ecite in your claims a feature such as &quot;for modified release&quot;, which is plainly unclear, you cannot escape the consequences. What does &quot;modified&quot; mean? Modified from what initial state? How far has it been modified? What is it that gets modified? And what does &quot;release&quot; mean? Release of what? When does the release occur? And what does &quot;for&quot; mean in the context of &quot;for modified release&quJan 26 06:00
schestowitz[TR2]ot;? What distinguishes whether two similar compounds are suitable for (i.e., can perform a non-negligible amount of) &quot;modified release&quot; from one another? <br /><br />The UK courts were within their rights to look to the description to decipher this opaque expression. One should not be surprised if one claims unclearly, provides a definition in the patent monopoly that the court must turn rely upon and then gets burnt by Jan 26 06:00
schestowitz[TR2]that definition."Jan 26 06:00
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schestowitz[TR2]                        <li>Jan 26 12:46
schestowitz[TR2]                            <h5><a href="https://linuxiac.com/dovecot-2-4-secure-imap-server-released/">Dovecot 2.4 Secure IMAP Server Released</a></h5>Jan 26 12:46
schestowitz[TR2]                            <blockquote>Jan 26 12:46
schestowitz[TR2]                                <p>The Dovecot team has just announced the release of its free and open-source secure and high-performance IMAP and POP3 server, Dovecot 2.4, widely adopted by many internet service providers, hosting companies, and businesses running their mail servers. </p>Jan 26 12:46
schestowitz[TR2]                            </blockquote>Jan 26 12:46
schestowitz[TR2]                        </li>Jan 26 12:46
schestowitz[TR2]                        Jan 26 12:46
schestowitz[TR2]                        <li>Jan 26 12:46
schestowitz[TR2]                            <h5><a href="https://linuxiac.com/shotcut-25-01-update-brings-bins-hsl-filters-and-more/">Shotcut 25.01 Update Brings Bins, HSL Filters, and More</a></h5>Jan 26 12:46
schestowitz[TR2]                            <blockquote>Jan 26 12:46
schestowitz[TR2]                                <p>One of the most noteworthy improvements in this version is the addition of Bins along with media type and text search within the Playlist. This feature lets users organize clips more effectively, especially when working on large or complex projects. </p>Jan 26 12:46
schestowitz[TR2]                            </blockquote>Jan 26 12:46
schestowitz[TR2]                        </li>Jan 26 12:46
-TechBytesBot/#techbytes-linuxiac.com | Dovecot 2.4 Secure IMAP Server ReleasedJan 26 12:46
-TechBytesBot/#techbytes-linuxiac.com | Shotcut 25.01 Update Brings Bins, HSL Filters, and MoreJan 26 12:46
schestowitz[TR2]  <li>Jan 26 12:47
schestowitz[TR2]                                    <h5><a href="https://linuxiac.com/liberux-nexx-linux-phone/">Liberux NEXX Is a New (Still in Development) Linux Phone</a></h5>Jan 26 12:47
schestowitz[TR2]                                    <blockquote>Jan 26 12:47
schestowitz[TR2]                                        <p>Let me clarify upfront—this isn’t a device you can go out and buy just yet. Nope! The project is still in the development phase, and has launched a crowdfunding campaign to (hopefully) make it a reality. Fingers crossed, because everything about it sounds promising. </p>Jan 26 12:47
schestowitz[TR2]                                        <p> One of the Liberux NEXX’s most striking features is its integrated desktop mode (yes, I know it sounds familiar—Ubuntu, convergence, and all those high hopes that faded away years ago). The plans are quite similar; hopefully, they’ll work out as expected. </p>Jan 26 12:47
schestowitz[TR2]                                    </blockquote>Jan 26 12:47
schestowitz[TR2]                                </li>Jan 26 12:47
-TechBytesBot/#techbytes-linuxiac.com | Liberux NEXX Is a New (Still in Development) Linux PhoneJan 26 12:47
schestowitz[TR2]"Bill Gates says divorcing Melinda Gates was mistake he ‘most regrets’"Jan 26 12:53
schestowitz[TR2]x https://www.independent.co.uk/life-style/bill-gates-melinda-divorce-mistake-b2686378.htmlJan 26 12:53
-TechBytesBot/#techbytes-www.independent.co.uk | Bill Gates says divorcing Melinda Gates was mistake he ‘most regrets’ | The IndependentJan 26 12:53
schestowitz[TR2]"Bill Gates admits divorcing Melinda left him ‘miserable’ and full of regret: ‘Greatest mistake’"Jan 26 12:54
schestowitz[TR2]x https://www.hindustantimes.com/world-news/us-news/bill-gates-admits-divorcing-melinda-left-him-miserable-and-full-of-regret-greatest-mistake-101737849074563.htmlJan 26 12:54
schestowitz[TR2]# the article forms a lie, /she/ dumped him, not the other way aroundJan 26 12:54
schestowitz[TR2]# otherwise, just another 'bill sez' postJan 26 12:54
-TechBytesBot/#techbytes-www.hindustantimes.com | Bill Gates admits divorcing Melinda left him ‘miserable’ and full of regret: ‘Greatest mistake’ - Hindustan TimesJan 26 12:54
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*Now talking on #techbytesJan 26 14:06
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*Topic for #techbytes is: Welcome to the official channel of the TechBytes AudiocastJan 26 14:07
*Topic for #techbytes set by schestowitz!~roy@haii6za73zabc.irc at Tue Jun 1 20:21:34 2021Jan 26 14:07
schestowitz[TR2] http://ipkitten.blogspot.com/2025/01/plausibility-as-moving-target-phase-iii.html?showComment=1737832514466#c7246060522902652140Jan 26 17:03
schestowitz[TR2]"I commented this decision in my blog.<br /><br />Some further thoughts: <br /><br />In view of, for instance T 2001/12, since the effect was claimed, due to the Art 54(5) format of the claim, the only valid objection was Art 83. The use of the term “reproducible” appears to have played a role in the decision of the board to consider that Art 83 was not fulfilled.  <br /><br />There is a further aspect, which has not been consiJan 26 17:03
schestowitz[TR2]dered up to now. The result of the phase III trials could also be looked at under G 2/21, which is also applicable when assessing Art 83. <br /><br />The post-published evidence from the phase III trials can be interpreted in the way  that the effect encompassed by the technical teaching of the original disclosure and embodied by the same originally disclosed invention, allow a negative conclusion since what was thought in the origJan 26 17:03
schestowitz[TR2]inal application has not materialised when looking at the post-published evidence. <br /><br />The originally disclosed invention, might have been “reproducible”, for whatever reason, on a small number of patients, but not on a large number of patients. For this reason alone, it was not worth a patent monopoly which could hamper third parties."Jan 26 17:03
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Plausibility as a moving target: Phase III clinical trial results sink second medical use patent (T 0816/22) - The IPKatJan 26 17:03
schestowitz[TR2]http://ipkitten.blogspot.com/2025/01/new-vatican-ai-guidelines-for.html?showComment=1737799673892#c8784662287694289529Jan 26 17:03
schestowitz[TR2]"Eleonora,<br />What I find to be the most surprising aspect of this guidance - which you don't appear to comment on - is that the Vatican is implicitly acknowledging that copyright monopoly can exist in an AI-genenerated work, regardless of the extent or absence of any human creativity."Jan 26 17:03
-TechBytesBot/#techbytes-ipkitten.blogspot.com | New Vatican AI Guidelines for the development and use of AI models: from AI training to Vatican’s authorship and ownership of AI-generated outputs (at least within the Vatican City State) - The IPKatJan 26 17:03
schestowitz[TR2]"I am afraid this is not entirely correct - the Guidelines speak of authorship and ownership but I would not consider the resulting right akin to 'copyright', nor are the Guidelines suggesting that copyright monopoly may arise irrespective of its constitutive requirements.'Jan 26 17:05
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