Subscribe: IPKat - news and fun for everyone!
http://ipkitten.blogspot.com/feeds/comments/default
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
allen overy  art  average  case  filed  media  minutes  new  paid jobs  paid  pay gap  rights  science training  social media  social  truth 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: IPKat - news and fun for everyone!

The IPKat





Updated: 2018-04-21T20:32:01.171+01:00

 



It is a bit easy to complain that the boards are s...

2018-04-20T10:20:54.945+01:00

It is a bit easy to complain that the boards are slow. They are slow due to the fact that the BA are dramatically understaffed, and everybody knows the cause of this understaffing. Even if from July 2018 onwards the staffing level may slowly get back to normal, so that the backlog can be brought to a decent level, this will take years. And here the BA are not to blame!

In the last three years the backlog has grown by 500 files/year. On the 31.12 of the following years the backlog was: 7907 in 2015, 8418 in 2016 and 8 946 in 2017.

In their present version the RPBA are in place since 2005, so it cannot said that they come as a surprise. Neither the fact that any request filed at the BA should be substantiated.

The bulk of the amendments proposed is simply to codify the recent case law of the BA in matters of procedure. But one stance which is established now for many years, will not change: it is fatal to wait to go to the BA to file requests which could have been filed earlier. Nothing new under the sun!

When one looks at T 2046/14, it is a prime example of how the attitude of an applicant can be detrimental to its interests by not being pro-active. In this case, it is no surprise that the patent has been revoked as the MR, AR 1 and 2, as well as AR 6-8 were all offending Art 123(2), reason for which the patent was revoked by the OD. AR 3-5 filed when entering appeal where not defended before the OD, and were filed without any substantiation as to why they would overcome the objections under Art 123(2). AR 9 was filed during OP when the decision had fallen that none of the preceding requests were not allowable and/or not admitted. AR 10-12, totally new requests, were filed when entering appeal and no reasons where given as to why they could overcome the objections. On top of it, they were divergent.

All those late filed requests were dealt with under the present RPBA, which already have enough bite.

As far as preliminary opinions are concerned, the vast majority of BA are already informing the parties about their opinion, but I doubt that they will ever become binding, or they will have to deal with all objections raised in the procedure.

Minutes of first instance are already playing an important role. For example the BA looks at them when an alleged procedural violation is brought in. In the absence of reaction of the party to the minutes, the substantial procedural violation is generally dismissed. But in any case, the BA cannot order an amendment to the minutes, and they have never done, for the simple reason they were not present.

However, this brings in a problem. The minutes of the OP before the first instance are not part of the decision as such, and hence not open to appeal. They are actually the property of the minute writer and of the countersigning officer. You may even request an OP for attempting to amend the minutes, but it is left to the discretion of the signatories of the minutes whether they want to amend them or not. As said the BA cannot force a change to the minutes. Looking at cases, most of the requests to amend minutes are not successful and the new rule will not change a lot.
This should be considered as well.

Techrights: FINGERS OFF!!!



Yes, Axel Springer asserted various acts of unfair...

2018-04-20T08:08:17.045+01:00

Yes, Axel Springer asserted various acts of unfair competition by Eyeo, some of them were related to the "Gatekeeper" position that ABP has due to its large user base (around 9 Mio in Germany).




2018-04-19T23:44:47.654+01:00

This comment has been removed by a blog administrator.



If Conversant manage to effect service on the Chin...

2018-04-19T09:52:05.170+01:00

If Conversant manage to effect service on the Chinese companies and these then convince the court that they have no business in the UK other than that of the UK subsidiaries, what basis is there for the UK courts to order the Chinese companies to take a world-wide licence when only the UK subsidiaries perform acts relevant to the GB patents?



Science training at Cambridge must have been more ...

2018-04-19T09:43:54.205+01:00

Science training at Cambridge must have been more valuable than science training at any other institution? Apart from Oxford, of course, subject to jolly inter-Uni rivalry.

Personally speaking, my science training would be more appropriately described as science self-learning, which is what makes me a scientist. An assumption, or presumption, may be made regarding the University I attended. I wouldn't assume anything, or presume too much, however.

The legal profession is protectionist in its old boys and girls club attitudes. Self-labelling as "Oxbridge" to define who you are is valuable for career advancement, so is to be recommended to the individual. It is the short-sightedness of the professions that applies too simplistic a CV-filter and is blind to the alternatives, that causes a lack of diversity and social progress.



Until a couple of decades ago, a similar situation...

2018-04-13T01:02:02.875+01:00

Until a couple of decades ago, a similar situation existed in the UK in that the BBC insisted on only paying one-off fees to freelance writers that included transfer of all copyrights, with no option for repeat broadcast fees for the authors. Following representations, the Government made the BBC change its practice, so that nowadays freelance authors generally retain copyright and are entitled to repeat fees.



If I may play the role of a writing critic, this p...

2018-04-12T15:57:03.347+01:00

If I may play the role of a writing critic, this piece of writing suffers from a rambling style with a hefty infusion of presupposed ideals and rampant assumptions that strain to tell a tale told much more simply:

Popular items can earn more money.
Writing for popularity has always earned the enmity of writing snobs.
Nothing is new here - move along now.



On the taser knuckledusters, there is a rather fam...

2018-04-10T07:26:20.347+01:00

On the taser knuckledusters, there is a rather famous review on it on Amazon: https://www.amazon.com/review/RQFCVKROOZGLC



So construction ended up being looked at in a '...

2018-04-09T16:35:38.650+01:00

So construction ended up being looked at in a 'Biogen sufficiency', i.e. embodiments to which the invention 'contributed' were covered.



Last part of Kluwer Patent Blog on the EPO : TRUS...

2018-04-08T21:06:34.898+01:00


Last part of Kluwer Patent Blog on the EPO : TRUST

http://patentblog.kluweriplaw.com/2018/03/31/epos-vision-v-trust/



Amalyah, Thanks for your thoughtful comments. I w...

2018-04-08T20:42:49.604+01:00

Amalyah,

Thanks for your thoughtful comments. I wasn't suggesting that Elkin Koren's notion of user's rights maps one-on-one onto the Ulman situation. I was merely trying to suggest that the consumers of the Instagram presentation were more than mere passive observers. Getting them to buy into the deception was central to the presentation, just like the notion of branding posits an interactive relationship between the brand, product and consumer. Maybe I could have made the point solely by analogy to branding without bringing user's rights into the discussion, but I think adding user's right contributes to the conversation.
In any event, let us both get back to our grandchildren.



"Art is not a mirror held up to reality but a...

2018-04-08T19:56:26.485+01:00

"Art is not a mirror held up to reality but a hammer with which to shape it".
Bertolt Brecht



From the CNN article: "While the performance ...

2018-04-08T19:39:32.488+01:00

From the CNN article:
"While the performance would win Ulman acclaim in the art press, it received backlash from followers who had become invested in her character's narrative and felt they'd been deceived. But that was precisely the point of her project: to unpack the performativity of social media itself."

Followers who had become invested in her character's narrative? Isn't that a good description of good fiction -- and always has been? If so, this is no more deception than any novel is. Only the platform is different. And that's the real point: Instagram is (was) perceived to be non-fiction, as is (hopefully, was) all social media. However, given half a second's thought, it's obvious that it can just as easily be a platform for fiction as it is for product promotion. "In Ulman’s own words— 'The idea was to experiment with fiction online using the language of the internet.' "

The Facebook / Cambridge Analytics scandal has put any ideas of "truth" or trust in the realm of social media to rest. We aren't deceived so much as we are naive.

Therefore, I'm not sure if I agree with your analogy to users' rights, which is something altogether different. What Prof. Elkin Koren and proponents of users' rights are suggesting is a sort of transformation of fair use exceptions into actual rights for using copyright-protected works in ways that do not harm the original creator, but carries his or her work forward in a (new) creative process. Ulman's followers were not users at all: they did not create anything new nor disseminate the original. They simply acted like an audience. Thumbs up, thumbs down. (Or in the case of Instagram, heart or no heart.)

It's like, say, me complaining that it turns out George Smiley isn't real, that John Le Carre made him up. As much as I want Smiley be real and to have a beer and a long chat with him, it would be ridiculous for me to complain that Le Carre "deceived" me, much less that I have some kind of rights in the matter. Okay, I'm going rather far out on a limb here, but to get back to the subject at hand: social media isn't verified journalism, it's socializing. Nor is it literature, usually. That was Ulman's originality: using Instagram and all its inherent fictional characteristics* as a platform for performance, or performance art (a term that usually makes me uncomfortable). It was just a brilliant idea.

(* more than once, when gazing at my smiling, beautiful grandchildren on Instagram, I've thought about the reality of my daughter's life coping with a two-year-old and a four-year-old for the remainder of that day's 23 hours and 59 minutes.)



“Do people walking down the street in Manhattan ha...

2018-04-05T17:52:00.855+01:00

“Do people walking down the street in Manhattan have any legitimate expectation of verisimilitude from the panhandlers who approach them, asking for money?”

I think “online” and “on the street” are equivalent in many more ways than one.



Would any such "entitled to the truth**"...

2018-04-05T17:12:07.211+01:00

Would any such "entitled to the truth**" entail a concomitant requirement that the speaker ONLY provide "the truth?"

Given as "truth" may be something not objectively possible in a shades of grey world, this type of push would be more damaging than helpful when it comes not only to merely the aspects of communicating, but here in the States, our reverence of what the First Amendment provides would make such an attempt void from the start.

This could easily lead down the Orwellian path of "Truth Counsels" or full "agencies" that monitor and control for "Truth."



Statement 18.4 For question 18, assume that docum...

2018-04-05T13:08:19.815+01:00

Statement 18.4

For question 18, assume that document D1 is the closest prior art for claim V.2 and the distinguishing features are the following:

3) the detector is able to detect water within the jug reaching a predetermined level.

For the assessment of inventive step of claim V.2 it is a valid argument that none of the documents D1, D2 or D3 disclose a water level detector.

Is it a valid inventive step argument when a skilled person considering D1 as the closest prior art, that this same document does not disclose a water level detector?

In my view this is not a valid inventive step argument, but more a novelty argument. It may be different in case the statement also considered the common general knowledge.



Anybody who takes anything online from a single so...

2018-04-05T11:14:18.188+01:00

Anybody who takes anything online from a single source, particularly social media, at face value without any supporting evidence is a fool. Nobody posts their actual life to social media. At best posts are edited highlights, at worst posts are outright lies or distortions of the truth #ad #spon



Without any clear view of just what "music bu...

2018-04-05T02:55:05.915+01:00

Without any clear view of just what "music business" means in the Facebook context, it is difficult to ascribe any value to this article.



Same at Allen & Overy: ALLEN & OVERY SERV...

2018-04-04T19:46:26.800+01:00

Same at Allen & Overy:

ALLEN & OVERY SERVICE COMPANY LIMITED
The average woman at this company is paid 27.4% less than the average man

That's a higher pay gap than the national average which is 18.4%

Women make up 52% of higher-paid jobs and 71% of lower-paid jobs



I tried a law firm at random on the gender pay gap...

2018-04-04T19:44:54.486+01:00

I tried a law firm at random on the gender pay gap:

CMS CAMERON MCKENNA NABARRO OLSWANG SERVICES LIMITED
The average woman at this company is paid 32.8% less than the average man

That's a higher pay gap than the national average which is 18.4%

Women make up 60% of higher-paid jobs and 83% of lower-paid jobs

This doesn't fit the criteria of imbalance due to women being in lower paid jobs. It seems there is discriminaiton in favour of employing women, possibly of younger age (as at AZ in Cambridge which does not employ mature male candidates). Does it mean there are a few men in senior position who take home salaries that far outweigh everyone else?



Not only can "double-blinding" for attor...

2018-04-04T15:44:14.039+01:00


Not only can "double-blinding" for attorneys never work, it would be unethical to attempt to do so (zealous advocacy and informed consent and all).


Yes, I think that was the point.

Ms Edwards-Stuart is on the right track, the expert can no more be expected to assume the mantle of the skilled person than can the judge or legal professionals. It has never sat well with me that there is some 'correct' order in which papers might be revealed to them so as to remedy this fundamental artifice. Better that experts are instructed in a way best suited to the time available and with regard to the overriding objective. Judges are well qualified give testimony its appropriate weight, and read it in the light of the context in which it is given.



@Anonymous - if you're looking for the decisio...

2018-04-04T14:29:57.015+01:00

@Anonymous - if you're looking for the decision, it's available here: http://www.hogstadomstolen.se/Domstolar/hogstadomstolen/Avgoranden/2017/2017-02-21%20T%201963-15%20Dom.pdf



Hi - I was wondering does anyone know where I can ...

2018-04-04T13:39:02.358+01:00

Hi - I was wondering does anyone know where I can find the court documents to this case (ideally where they can be translated into English)? thank you in advance.



I can only but support the last sentence. If it is...

2018-04-02T17:02:22.448+01:00

I can only but support the last sentence. If it is not novel, it can be enabled. If it cannot be enabled it is moot to discuss whether it is novel. But you cannot have it both ways.

There is one word which I have not heard here: plausibility. Was it plausible at the priority date that the cutting in small pieces and piecemeal replacement of genes was possible?

If this was not plausible, post published public knowledge cannot overcome the lack of sufficiency. If yes, then the decision is OK. If not, the decision is not correct.

After all a monopoly is only justified if there is a contribution to the known art at the effective date of a claim. This should be valid in any legal system and not only at the EPO.



comments into the aether?

2018-03-31T23:33:18.881+01:00

comments into the aether?