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| schestowitz | been a looong day, lots in IRC, just finished my shift at work. I think RMS and us are safe and good now. Well done! | Mar 26 01:23 |
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| schestowitz | http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1616741176354#c9051976394094714965 | Mar 26 09:59 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat | Mar 26 10:00 | |
| schestowitz | " | Mar 26 10:00 |
| schestowitz | Has anyone noticed that the register | Mar 26 10:00 |
| schestowitz | https://register.epo.org/application?number=EP04758381&lng=en&tab=main | Mar 26 10:00 |
| schestowitz | indicates that oral proceedings have already been scheduled March 16, 2021, i.e. even before the issuance of the written decision by the BoA? | Mar 26 10:00 |
| schestowitz | " | Mar 26 10:00 |
| -TechBytesBot/#techbytes-register.epo.org | European Patent Register | Mar 26 10:00 | |
| schestowitz | http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1616741176354#c9051976394094714965 | Mar 26 10:00 |
| schestowitz | " | Mar 26 10:00 |
| schestowitz | Has anyone noticed that the register | Mar 26 10:00 |
| schestowitz | https://register.epo.org/application?number=EP04758381&lng=en&tab=main | Mar 26 10:00 |
| schestowitz | indicates that oral proceedings have already been scheduled March 16, 2021, i.e. even before the issuance of the written decision by the BoA? | Mar 26 10:00 |
| schestowitz | " | Mar 26 10:00 |
| schestowitz | http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1616702197711#c3339987978776566441 | Mar 26 10:01 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat | Mar 26 10:01 | |
| schestowitz | " | Mar 26 10:01 |
| schestowitz | Continued: | Mar 26 10:01 |
| schestowitz | In addition to the President of the Boards of Appeal, namely Mr C. Josefsson, further members of the Boards of Appeal participated in the formulation of the new Art. 15a RPBA,; the panel of Board of Appeal members included the following three members: | Mar 26 10:01 |
| schestowitz | T. Beckedorf | Mar 26 10:01 |
| schestowitz | G. Eliasson | Mar 26 10:01 |
| schestowitz | A. Ritzka. | Mar 26 10:01 |
| schestowitz | Reference is made to: https://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html | Mar 26 10:01 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat | Mar 26 10:01 | |
| schestowitz | It would seem that the new regulation, granting sweeping powers to the Boards of Appeal to curtail a party’s rights of in person advocacy, is evidently not lawful. This is to be understood from the decision of one of the Boards of Appeal themselves, in case T 1807/15: on 15 March 2021, the Board of Appeal in question elected to test the legality of the new RPBA and have this reviewed by the Enlarged Board of Appeal, this being the | Mar 26 10:01 |
| schestowitz | highest instance at the European Patent office. | Mar 26 10:01 |
| schestowitz | Attention is directed to: https://assets.documentcloud.org/documents/20513464/t1807-15.pdf | Mar 26 10:01 |
| schestowitz | The question which has been referred to the Enlarged Board of Appeal is: | Mar 26 10:01 |
| schestowitz | Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as ebshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the conduct of oral proceedings in the form of a videoconference? | Mar 26 10:01 |
| schestowitz | This question is to be discussed and subsequently decided on 28 May 2021: | Mar 26 10:01 |
| schestowitz | https://register.epo.org/application?documentId=E5Z25KDG3310DSU&number=EP04758381&lng=en&npl=false. | Mar 26 10:02 |
| schestowitz | The Enlarged Board of Appeal is composed of the following members: | Mar 26 10:02 |
| schestowitz | C. Josefsson (=President of the Boards of Appeal and Chairman in the present case) | Mar 26 10:02 |
| schestowitz | I. Beckedorf | Mar 26 10:02 |
| schestowitz | W. van der Eijk (rapporteur) | Mar 26 10:02 |
| schestowitz | R. Arnold (external member) (i.e. Lord Justice Arnold) | Mar 26 10:02 |
| schestowitz | E. Chatzikos (external member) | Mar 26 10:02 |
| schestowitz | G. Eliasson | Mar 26 10:02 |
| schestowitz | A. Ritza. | Mar 26 10:02 |
| schestowitz | See: | Mar 26 10:02 |
| schestowitz | https://register.epo.org/application?documentId=E5Z24IMQ6217DSU&number=EP04758381&lng=en&npl=false. | Mar 26 10:02 |
| schestowitz | The concerns being raised and expressed here are not related to the legality of the newly proposed Art. 15a of the RPBA, but about the very strange fact that the panel of the Enlarged Board of Appeal is composed of a majority of members who themselves proposed and sanctioned the new Art. 15a of the RPBA. In addition to the President of the Boards of Appeal, who is also acting as the Chairman of the Enlarged Board in this case, the | Mar 26 10:02 |
| -TechBytesBot/#techbytes-register.epo.org | European Patent Register | Mar 26 10:02 | |
| schestowitz | Enlarged Board also includes the three members mentioned above: | Mar 26 10:02 |
| schestowitz | T. Beckedorf | Mar 26 10:02 |
| schestowitz | G. Eliasson | Mar 26 10:02 |
| schestowitz | A. Ritzka, | Mar 26 10:02 |
| schestowitz | One can only assume, given their roles in drafting and implementing the new Art. 15a RPBA, that they do not represent unbiased members of the Enlarged Board of Appeal. With this constellation, serious questions must be raised as to the likely impartiality of the members tasked with making this determination of the law. | Mar 26 10:02 |
| schestowitz | Just imagine, by way of comparison: | Mar 26 10:02 |
| schestowitz | • Four Federal Constitutional Court judges (including the President of the Federal Constitutional Court) write a draft bill, e.g. concerning a change of the rules on oral proceedings in the Federal Constitutional Court Act (cf. § 25 BVerfGG). | Mar 26 10:02 |
| schestowitz | • The Bundestag or Parliament, respectively, passes a corresponding law in accordance with the draft bill. | Mar 26 10:02 |
| schestowitz | • A constitutional complaint is lodged against this and the four constitutional judges who wrote/supported the bill - and another three constitutional judges - then decide on its legality. | Mar 26 10:02 |
| schestowitz | Such legal proceedings would, quite rightly, lead to public outcry. Such a “review” procedure cannot possibly be considered as being in line with the general principles and rule of law. | Mar 26 10:02 |
| schestowitz | tbc.... | Mar 26 10:02 |
| schestowitz | " | Mar 26 10:02 |
| schestowitz | http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1616696164186#c3113280168878249284 | Mar 26 10:03 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKat | Mar 26 10:03 | |
| schestowitz | " | Mar 26 10:03 |
| schestowitz | I don't understand from where the Board has drawn the notion that "a prerequisite of oral proceedings is that the parties can see the members of the board and vice versa". Why is sight necessary? Elsewhere it is argued that a crucial aspect of oral proceedings is that they allow an essentially simultaneous exchange of views, unlike written correspondence. With that, I agree. But telephone conference would also allow a simultaneous | Mar 26 10:03 |
| schestowitz | exchange of views. Why is visual communication necessary? | Mar 26 10:03 |
| schestowitz | The internal logic of the decision is completely non-existent. | Mar 26 10:03 |
| schestowitz | " | Mar 26 10:03 |
| schestowitz | https://twitter.com/zoobab/status/1375226937061302274 | Mar 26 13:27 |
| -TechBytesBot/#techbytes-@zoobab: @tnoisette La FSFE devrait d'abord balayer devant sa porte https://t.co/RKkVuyVkGS | Mar 26 13:27 | |
| -TechBytesBot/#techbytes--> techrights.org | Court Case: Matthias Kirschner, FSFE Women and Volunteers Face Modern Day Slavery | Techrights | Mar 26 13:27 | |
| schestowitz | Re: FSF accepted IBM donation money | Mar 26 17:46 |
| schestowitz | > https://twitter.com/zoobab/status/1375377588181467137 | Mar 26 17:46 |
| -TechBytesBot/#techbytes-@zoobab: @jwildeboer @adymitruk That's at least worth a clarification from FSF's side. | Mar 26 17:46 | |
| schestowitz | > | Mar 26 17:46 |
| schestowitz | > And the first supporter of software patents in the US is...IBM | Mar 26 17:46 |
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