●● IRC: #techbytes @ Techrights IRC Network: Sunday, January 26, 2025 ●● ● Jan 26 [02:20] *Disconnected (Connection timed out). [02:20] *Now talking on #techbytes [02:58] *jacobk has quit (Ping timeout: 2m30s) ● Jan 26 [03:00] *jacobk (~quassel@syp65ggum2ibk.irc) has joined #techbytes ● Jan 26 [06:00] schestowitz[TR2] http://ipkitten.blogspot.com/2025/01/functional-claims-for-pharmaceutical.html?showComment=1737718371381#c5725274946616448181 [06:00] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Functional claims for pharmaceutical formulations: Validity versus enforcement (T 2130/22) - The IPKat [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 de [06:00] schestowitz[TR2] scription into the claims.

A definition of "for modified release" was read into the claim as a point of construction. If the claim had merely stated "A composition comprising" and then defined the composition by its composition without any reference to function, then there would have been no sufficiency issue.

I fully endorse the UK court's approach in the Astellas case. If you choose to r [06:00] schestowitz[TR2] ecite in your claims a feature such as "for modified release", which is plainly unclear, you cannot escape the consequences. What does "modified" mean? Modified from what initial state? How far has it been modified? What is it that gets modified? And what does "release" mean? Release of what? When does the release occur? And what does "for" mean in the context of "for modified release&qu [06:00] schestowitz[TR2] ot;? What distinguishes whether two similar compounds are suitable for (i.e., can perform a non-negligible amount of) "modified release" from one another?

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 [06:00] schestowitz[TR2] that definition." [06:33] *jacobk has quit (Ping timeout: 2m30s) [06:36] *jacobk (~quassel@syp65ggum2ibk.irc) has joined #techbytes [06:53] *x-amarsh04 (~amarsh04@yrifiesvn57du.irc) has joined #techbytes ● Jan 26 [08:29] *x-amarsh04 has quit (Quit: Konversation terminated!) [08:41] *x-amarsh04 (~amarsh04@yrifiesvn57du.irc) has joined #techbytes ● Jan 26 [09:02] *jacobk has quit (Ping timeout: 2m30s) [09:04] *jacobk (~quassel@syp65ggum2ibk.irc) has joined #techbytes [09:51] *psydroid2 (~psydroid@8p6k6zizq5nqc.irc) has joined #techbytes ● Jan 26 [11:08] *psydroid2 has quit (Ping timeout: 2m30s) [11:10] *psydroid2 (~psydroid@8p6k6zizq5nqc.irc) has joined #techbytes ● Jan 26 [12:46] schestowitz[TR2]
  • [12:46] schestowitz[TR2]
    Dovecot 2.4 Secure IMAP Server Released
    [12:46] schestowitz[TR2]
    [12:46] schestowitz[TR2]

    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.

    [12:46] schestowitz[TR2]
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    • [12:46] schestowitz[TR2] [12:46] schestowitz[TR2]
  • [12:46] schestowitz[TR2]
    Shotcut 25.01 Update Brings Bins, HSL Filters, and More
    [12:46] schestowitz[TR2]
    [12:46] schestowitz[TR2]

    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.

    [12:46] schestowitz[TR2]
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    • [12:46] -TechBytesBot/#techbytes-linuxiac.com | Dovecot 2.4 Secure IMAP Server Released [12:46] -TechBytesBot/#techbytes-linuxiac.com | Shotcut 25.01 Update Brings Bins, HSL Filters, and More [12:47] schestowitz[TR2]
  • [12:47] schestowitz[TR2]
    Liberux NEXX Is a New (Still in Development) Linux Phone
    [12:47] schestowitz[TR2]
    [12:47] schestowitz[TR2]

    Let me clarify upfrontthis isnt 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.

    [12:47] schestowitz[TR2]

    One of the Liberux NEXXs most striking features is its integrated desktop mode (yes, I know it sounds familiarUbuntu, convergence, and all those high hopes that faded away years ago). The plans are quite similar; hopefully, theyll work out as expected.

    [12:47] schestowitz[TR2]
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    • [12:47] -TechBytesBot/#techbytes-linuxiac.com | Liberux NEXX Is a New (Still in Development) Linux Phone [12:53] schestowitz[TR2] "Bill Gates says divorcing Melinda Gates was mistake he most regrets" [12:53] schestowitz[TR2] x https://www.independent.co.uk/life-style/bill-gates-melinda-divorce-mistake-b2686378.html [12:53] -TechBytesBot/#techbytes-www.independent.co.uk | Bill Gates says divorcing Melinda Gates was mistake he most regrets | The Independent [12:54] schestowitz[TR2] "Bill Gates admits divorcing Melinda left him miserable and full of regret: Greatest mistake" [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.html [12:54] schestowitz[TR2] # the article forms a lie, /she/ dumped him, not the other way around [12:54] schestowitz[TR2] # otherwise, just another 'bill sez' post [12:54] -TechBytesBot/#techbytes-www.hindustantimes.com | Bill Gates admits divorcing Melinda left him miserable and full of regret: Greatest mistake - Hindustan Times ● Jan 26 [13:32] *psydroid2 has quit (Quit: KVIrc 5.2.6 Quasar http://www.kvirc.net/) [13:38] *psydroid2 (~psydroid@8p6k6zizq5nqc.irc) has joined #techbytes ● Jan 26 [14:06] *schestowitz[TR2] has quit (Ping timeout: 2m30s) [14:06] *Disconnected (Remote host closed socket). [14:06] *Disconnected (Remote host closed socket). [14:06] *Now talking on #techbytes [14:07] *Now talking on #techbytes [14:07] *Topic for #techbytes is: Welcome to the official channel of the TechBytes Audiocast [14:07] *Topic for #techbytes set by schestowitz!~roy@haii6za73zabc.irc at Tue Jun 1 20:21:34 2021 ● Jan 26 [17:03] schestowitz[TR2] http://ipkitten.blogspot.com/2025/01/plausibility-as-moving-target-phase-iii.html?showComment=1737832514466#c7246060522902652140 [17:03] schestowitz[TR2] "I commented this decision in my blog.

    Some further thoughts:

    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.

    There is a further aspect, which has not been consi [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.

    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 orig [17:03] schestowitz[TR2] inal application has not materialised when looking at the post-published evidence.

    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." [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 IPKat [17:03] schestowitz[TR2] http://ipkitten.blogspot.com/2025/01/new-vatican-ai-guidelines-for.html?showComment=1737799673892#c8784662287694289529 [17:03] schestowitz[TR2] "Eleonora,
    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." [17:03] -TechBytesBot/#techbytes-ipkitten.blogspot.com | New Vatican AI Guidelines for the development and use of AI models: from AI training to Vaticans authorship and ownership of AI-generated outputs (at least within the Vatican City State) - The IPKat [17:05] 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 [20:22] *jacobk has quit (Quit: http://quassel-irc.org - Chat comfortably. Anywhere.) ● Jan 26 [22:12] *psydroid2 has quit (Quit: KVIrc 5.2.6 Quasar http://www.kvirc.net/) ● Jan 26 [23:48] *x-amarsh04 has quit (Quit: Konversation terminated!)