●● IRC: #techbytes @ Techrights IRC Network: Wednesday, March 29, 2023 ●● ● Mar 29 [01:37] *Noisytoot has quit (Ping timeout: 2m30s) [01:39] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Mar 29 [03:37] *psydruid has quit (Ping timeout: 2m30s) ● Mar 29 [04:24] schestowitz[TR] > Gemini address: [04:24] schestowitz[TR] > gemini://gemini.techrights.org/2023/03/23/volunteer-at-libreplanet/ [04:24] schestowitz[TR] Will soon be accessed 2000 times. [04:24] schestowitz[TR] Your article was very good. I hope you can do articles regularly. We need community voices to override the corporate noise. :-) ● Mar 29 [06:21] schestowitz[TR] "Dear colleagues, [06:21] schestowitz[TR] The consultation period regarding the proposed staff representation election rules has ended and we warmly thank all colleagues who dedicated time and energy to provide input. [06:21] schestowitz[TR] The local staff committee The Hague took the comments into account and the final draft of the election rules which will be proposed for adoption during the General Assembly of Wednesday 29th March can be consulted here. [06:21] schestowitz[TR] " ● Mar 29 [09:35] schestowitz[TR] Thank you Proof of the Pudding. I believe far more... http://ipkitten.blogspot.com/2023/03/epo-tries-to-have-its-cake-and-eat-it.html [09:35] schestowitz[TR] Thank you Proof of the Pudding. I believe far more...
Thank you Proof of the Pudding. I believe far more in the capabilities of EPO Board of Appeal members than legislators, in essence because legislators are too far removed from the system to know how the laws impact on getting and defending a patent. Of course it's good that you disagree. But you are also pushing the problems elsewhere (to legislators etc) when [09:35] schestowitz[TR] the EPO is best placed to reengineer itself as needed. I hope it will become much more like a Supreme Court in due course with policy issues impacting on everything it does. When the 'Just Patent Law' blog started up, I found it very interesting that it explicitly excluded 'politics' from its remit. Clearly people want to keep patent ideas distinct from other matters. That is understandable, but the 'messiness' of the real world is [09:35] schestowitz[TR] also very real, and I believe the EPO should be much more involved in the politics and economics of technology. [09:35] schestowitz[TR] Dear Max Drei,

With due respect to your knowledge and experience, some words should not be used in comments. Leaving the description unbastardized is a good example of what should not be used.

Furthermore what does the adaptation of the description has to do with the topic discussed by the EBA? [09:35] schestowitz[TR] Santa, just to let you know that my last comment inadvertently omitted words from each of the last two sentences. What I meant to say was:
"it is completely implausible that the relevant adjustment can be (or can best be) made only by "tweaking" the EPO case law / practice part of the system. Also, over-reliance upon that mechanism of adjustment can lead to legislators becoming too lazy to make adjustments [09:35] schestowitz[TR] to the legislation that can achieve far more than even a "dynamic" interpretation of the EPO's case law".

I would also add that, in addition to being horribly undemocratic, relying upon the EPO to adjust its case law and practice in response to perceived economic needs opens up the patent system to (even more) potential abuse by lobbyists.

Rule 28(2) EPC is a case in point. That rule, alo [09:35] schestowitz[TR] ng with other changes to EPO practice on the patenting of plants and animals, embodied the top item on the 2017 wish-list of the plant breeder's lobbyists. Whether through force of logic and/or other means, those lobbyists managed to get the European Commission, the EU Council and the European Parliament "on side" with their aims and objectives. Whilst that kind of activity is par for the course, what happened next is most [09:35] schestowitz[TR] definitely not. That is, instead of focusing their efforts on legislative adjustments at the EU level, the Commission and the Parliament pressured the EPO (and its Administrative Council) into passing a new EPC Implementing Regulation.

There are crucial differences between new EU legislation and new EPC Implementing Regulations. With regard to the legislative process, the passing of a new EPC Implementing Regulation invo [09:35] schestowitz[TR] lves far less transparency and far less (public) debate. It also eliminates the need for any kind of investigation into the potential (economic) impact of the proposed change. In short, it is a lobbyist's wet dream, as it allows "legislation" to be put into place without having to deal with any inconvenient questions or facts about what it seeks to achieve. [09:35] schestowitz[TR] On a related point, is anybody else frustrated by the Examining Division's increasing propensity to intervene and add amendments of their own to the text intended for grant issued alongside the 71(3) communication? I am yet to see a single case where the Examining Division has made its own amendments without introducing a least one typo, more commonly dozens. I am rejecting almost every text intended for grant that comes by me thes [09:35] schestowitz[TR] e days [09:35] -TechBytesBot/#techbytes-ipkitten.blogspot.com | EPO tries to have its cake and eat it on claim interpretation (T 0169/20) - The IPKat [09:35] schestowitz[TR] http://ipkitten.blogspot.com/2022/04/epo-board-of-appeal-tows-party-line-on.html [09:36] -TechBytesBot/#techbytes-ipkitten.blogspot.com | EPO Board of Appeal toes the party-line on description amendments (T 1024/18) - The IPKat [09:37] schestowitz[TR] Santa, it very much sounds as though you are turne... http://ipkitten.blogspot.com/2023/03/epo-tries-to-have-its-cake-and-eat-it.html?showComment=1680016641468#c517923431323956701 [09:37] schestowitz[TR] Santa, it very much sounds as though you are turned off by the messy realities that are an inescapable feature of democracy and the rule of law, and are instead drawn to the idea of a more ordered EP patent system in which the EPO and its Boards (and presumably also the UPC) become the de facto rulers of some form of benign dictatorship.

I think that it is fair to say that I have a very different perspective. It is [09:37] schestowitz[TR] not that I am blind to the problems with getting legislators and supreme courts involved in patent law. Far from it. Indeed, that is the worst possible system that I can imagine ... except, that is, for all of the others.

For example, do you really think that it would be a good idea to hand both legislative and interpretive powers to one body? The separation of powers principle has been developed for a reason, you know. [09:37] schestowitz[TR] And to hand such powers to an international body comprising unelected and unaccountable individuals who benefit from immunities that render them essentially untouchable? I do not believe that anyone in their right mind would conclude that doing that could possibly end well. [09:37] schestowitz[TR] Dear "anonymous" I am sorry if you have taken offence at my use of the b word. It is the misplaced zeal with which some EPO Examiners "conform" the description in preparation for issuing a 71(3) Commn which makes me emotional.

The EBA has now told us to derive from the disclosure content of the application as filed, the original disclosure, the effects relevant to patentability. When the EPO "conf [09:37] schestowitz[TR] orms" the description, it alters that disclosure. I should prefer it if the tribunal deciding on validity and infringement does so on the basis of one single disclosure document, namely the description originally filed.

The exercise of "conforming" the description is a minefield under Art 123(2) EPC despite protestations that for a competent attorney it is no such thing. And now, thanks to G2/21, it opens [09:37] schestowitz[TR] up a can of worms under Art 56 EPC. It consumes huge amounts of time. And all for what? Just because of pemetrexed and so that courts can be more firmly guided by the EPO on matters of the Doctrine of Equivalents? That seems to me presumptious and unnecessary. But then, I'm not within the privileged inner circle of persons guiding the necessarily strategic and political thinking of the tenant on the top floor, the EPO President for [09:37] schestowitz[TR] the time being.

I hope that my provocative remarks will stimulate further comment.
[09:37] schestowitz[TR] MaxDrei and Proof of the Pudding, just to finish off my contribution to this thread I would point to the oral arguments happening at the US Supreme Court in Amgen v Sanofi - see https://ipwatchdog.com/2023/03/27/truth-leaks-justices-struggle-science-sanofi-welcomes-end-functional-genus-claims-amgen-oral-arguments/id=158343/
The questions raised by the judges are seen as naive or lacking scientific and patent expertise, but are [09:37] schestowitz[TR] important policy matters in terms of what scope of monopoly to give to functional definitions. It's refreshing to see such a public debate on policy on claim scope, though of course it is a little simplistic, etc [09:37] schestowitz[TR] I respectfully disagree MaxDrei. G2/21 essentially give the Boards of Appeal free rein to proceed as they wish in accepting post-published evidence provided the spec reaches some sort of threshold level for defining the relevant technical effect (in this case a synergistic activity). Which technical effect we are talking about will be very important in the test for use of post-filing data. It is therefore essential for third parties [09:37] schestowitz[TR] that the relevant technical effect for inventive step, sufficiency, plausibility is reflected in the description of the patent as best as possible, i.e. subject matter outside that technical effect is either deleted or marked as not part of the invention. It is only correct that EPO case law is focusing more and more on the technical effect to resolve issues such as use of post-filing data, but that makes it more crucial that third [09:37] schestowitz[TR] parties can be helped to derive the correct technical effect by the amendments made to the description (and of course as I have argued in comments on the most recent IPKat post on description amendment, this is also necessary to help with determining infringement equivalence scope) [09:37] -TechBytesBot/#techbytes-ipkitten.blogspot.com | EPO tries to have its cake and eat it on claim interpretation (T 0169/20) - The IPKat [09:38] -TechBytesBot/#techbytes- ( status 404 @ https://ipwatchdog.com/2023/03/27/truth-leaks-justices-struggle-science-sanofi-welcomes-end-functional-genus-claims-amgen-oral-arguments/id=158343/
[10:13] schestowitz[TR]
How to Quickly Merge PDF Files on Linux
[10:13] schestowitz[TR]
[10:13] schestowitz[TR]

In this guide I cover merging PDF files on Linux in two different ways: CLI and GUI.

[10:13] schestowitz[TR]

If youre comfortable at the command-line theres a cool tool most Linux distributions come with that can do this task; or if youre more comfortable clicking your way around theres a user-friendly app for the task, available in most distros repos.

[10:13] schestowitz[TR]

Either way, whether youre a beginner or an experienced Linux user, by the end of this guide youll know how to merge PDF files quickly, easily, and all without affecting the quality of the content inside.

[10:13] schestowitz[TR]
[10:13] schestowitz[TR] [10:13] -TechBytesBot/#techbytes-www.omglinux.com | How to Quickly Merge PDF Files on Linux - OMG! Linux [10:14] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [10:15] schestowitz[TR]
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    SUSE claims new era of confidential computing through its adaptable Linux platform
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    German open-source firm SUSE claims its new adaptable Linux platform, the latest iteration of which is to be released on 31 March, is the future of enterprise Linux an application-centric, secure and flexible platform designed to focus on workloads while abstracting from hardware and application runtime layers.

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    Finnix 125 released
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    Today marks the release of Finnix 125, the original utility live Linux distribution. Finnix 125 includes a number of fixes, new packages and new features: [...]

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    [13:22] schestowitz[TR] [13:22] -TechBytesBot/#techbytes-blog.finnix.org | Finnix 125 released [13:23] schestowitz[TR]
  • [13:23] schestowitz[TR]
    The Quality Assurance Process with Levi
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    Hi! I'm Levi, the quality assurance manager at System76. Im here to take you a small peek behind the curtain at what our QA process looks like for a brand new product.

    [13:23] schestowitz[TR]

    The first thing that we do when we receive a new piece of hardware is to install Pop!_OS on it and see how well it works. If youve ever had a machine that initially came with Windows, then installed Linux on it, you probably have a pretty good idea of what that can look like. If we find any weird bugs, we write down the steps to reproduce them, then make bug reports for the engineers to [13:23] schestowitz[TR] look into.

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