IRC: #techbytes @ Techrights IRC Network: Thursday, February 01, 2024
beginning of new day, February 1
00:41 schestowitz[TR]; https://patentblog.kluweriplaw.com/2024/01/28/quality-at-the-epo-staff-and-industry-concerns-not-addressed/#comments
00:41 schestowitz[TR]; "
00:41 schestowitz[TR]; I agree with most of your comments and appreciate your detailed analysis.
00:41 schestowitz[TR]; You stated:
00:41 schestowitz[TR]; If patents which appear important for parties are not resisting oppositions very well, it allows to have doubts about the validity of patents which are not opposed.
00:41 schestowitz[TR]; I think you overlook the bias introduced by the fact that a party wishing to challenge a granted patent usually first seeks advice as to whether there is a reasonable chance of a successful challenge. Only after an initial (positive) analysis would the party file an opposition (and be more likely to prevail in the opposition). If the attorney discourages filing an opposition (for lack of reasonable chances of success), the
00:41 schestowitz[TR]; EP patent will not be included in the opposition statistics.
00:41 schestowitz[TR]; However, I agree that looking at the (low) number of opposed patents compared to the total number of granted patents does not necessarily say much about the quality of the granted patents.
00:41 schestowitz[TR]; It would be interesting to correlate the breadth of granted patents with the opposition rate. Typically, overly broad patents are opposed (and opposed more successfully). Whether the initial breadth was justified or not is a question of quality. However, there are many narrow patents where the limitations imposed were not justified (which also indicates a lack of quality of examination). So narrow patents should not be confused
00:41 schestowitz[TR]; with high quality patents, even if they attract fewer oppositions (and are harder to oppose).
00:41 schestowitz[TR]; The take-home message might be: numbers are difficult indicators for assessing substantive quality. This is a problem for both sides, including the EPO (which uses timeliness and products/time). It is therefore important to continue the dialog on substantive examination quality issues.
00:41 schestowitz[TR]; Reply
00:41 schestowitz[TR]; curious attorney
00:41 schestowitz[TR]; January 30, 2024 at 9:21 pm
00:41 schestowitz[TR]; EPO examiners only judge the arguments and submissions of the parties, so if the parties argue differently in the two instances, a different outcome is very plausible, in addition to a quite different level of judgement between the two instances. What about grants that have been revoked/amended in opposition and then the patentees appeal has been rejected? Should this not be the only real quality index? Are there any statistics o
00:41 schestowitz[TR]; n this over time?
00:41 schestowitz[TR]; "
00:41 -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Quality at the EPO: staff and industry concerns not addressed - Kluwer Patent Blog
2 AM, February 1
02:45 schestowitz[TR]; shing-on-the-open-web-is-broken-how-gen
02:45 schestowitz[TR]; <li><h5><a href="https://www.linuxlinks.com/best-free-open-source-appimage-desktop-integration-tools/">5 Best Free and Open Source AppImage Desktop Integration Tools</a></h5><blockquote><p>Here's our survey of tools which help integrate AppImages into your desktop. Only free and open source software is included. </p> </blockquote></li>
02:45 -TechBytesBot/#techbytes-5 Best Free and Open Source AppImage Desktop Integration Tools - LinuxLinks
3 AM, February 1
03:39 schestowitz[TR]; Do you want to help me build the case for a manslaughter prosecution?
03:39 schestowitz[TR]; These are the four points to prove:
03:39 schestowitz[TR]; 1. who has a duty of care (the email from Shuttleworth proves that, his
03:39 schestowitz[TR]; resignation from Debian also suggests he doesn't want to be in
03:39 schestowitz[TR]; proximity. Proximity is the word used by the CPS)
03:39 schestowitz[TR]; - can you identify any other suspects apart from Chris Lamb, Steve
03:39 schestowitz[TR]; McIntyre and Mark Shuttleworth?
03:39 schestowitz[TR]; 2. breach of duty (the toxic environment, sounds like you have evidence
03:39 schestowitz[TR]; of that), can be any combination of acts or alternatively failures to
03:39 schestowitz[TR]; act + evidence of the toxic environment that exists
03:39 schestowitz[TR]; 3. causation - how did the toxic environment cause one or more of the
03:39 schestowitz[TR]; deaths?
03:39 schestowitz[TR]; 4. grossness of the breach of duty: regular negligence is not enough.
03:39 schestowitz[TR]; What was gross about it? E.g. the Debian Christmas lynchings were
03:39 schestowitz[TR]; extreme because they were perpetuated in a universally respected holiday
03:39 schestowitz[TR]; period
03:39 schestowitz[TR]; At the moment I have my hands full with other cases. Will FWD...
5 AM, February 1
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05:25 schestowitz[TR]; http://ipkitten.blogspot.com/2024/01/upc-and-italy-sign-milan-headquarters.html?showComment=1706558399471#c1131460480709062116
05:26 -TechBytesBot/#techbytes-ipkitten.blogspot.com | UPC and Italy sign Milan headquarters Agreement - The IPKat
05:26 schestowitz[TR]; "Could anybody tell me what is the legal basis of the formal agreement on the Headquarters of the third seat of the UPC Central Division in Milan?<br /><br />How can it be that a court purposedly ignores the terms of the treaty under which it has been set up? <br /><br />Art 87(2) UPCA has also been flagrantly misused. It was never concieved to adapt a treaty without any exit clause to the "withdrawal" of the UK!"
1 PM, February 1
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6 PM, February 1
18:49 schestowitz[TR]; x https://qz.com/microsoft-earnings-ai-cloud-services-1851210170
18:49 -TechBytesBot/#techbytes-qz.com | Microsoft earnings show AI driving cloud services revenue
7 PM, February 1
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8 PM, February 1
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9 PM, February 1
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21:27 schestowitz[TR]; sarcasm aside
10 PM, February 1
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11 PM, February 1
23:19 schestowitz[TR]; "Back in the days when VHS was in its heyday, I used to collect VHS copies of classic (non-PC) cartoons. A couple consisted of early ones where the US copyright monopoly had evidently expired as they had not been released by their original film companies. The slip case of one had an image of one of the characters, and a notice stating that the image was taken from a frame of the film to indicate its contents and was not being us
23:19 schestowitz[TR]; ed in a trade mark sense.<br /><br />I understand that, when television started affecting cinema attendances in the USA, many film companies sold their back catalogues to the TV companies or didn't bother renewing their copyrights in the less popular titles. Disney was an exception, maintaining ownership and normally refusing permission to broadcast them on TV. "
23:19 schestowitz[TR]; http://ipkitten.blogspot.com/2024/01/is-mickey-mouse-in-public-domain.html?showComment=1706655738546#c7404586033121493627
23:20 -TechBytesBot/#techbytes-ipkitten.blogspot.com | Is Mickey Mouse in the Public Domain? - The IPKat