Peer-to-Patent

The Peer To Patent project is an initiative that seeks to assist patent offices in improving patent quality by gathering public input in a structured, productive manner. Peer To Patent is the first social-software project directly linked to decision-making by the federal government.

An initial pilot project in collaboration with the United States Patent and Trademark Office (USPTO) was completed June 15, 2009. That pilot examined more than 220 patent applications in the fields of software and business methods. The Peer To Patent project has issued two anniversary reports from the initial pilot ( and), and a final report from the initial pilot is pending.

Following the conclusion of the initial pilot the USPTO undertook an evaluation of Peer To Patent assisted by students from Worcester Polytechnic Institute. That evaluation concluded that the program had merit and should be continued. On October 19, 2010, the USPTO and New York Law School jointly announced a new pilot program commencing October 25, 2010, and continuing through September 30, 2011 (with the review period extending through December 31, 2011). This new pilot will not only include patent applications covering subject matter included in the initial pilot, it will now include telecommunications, speech recognition, translation, biotechnology, bioinformatics and biopharmaceuticals.

Other patent offices involved in pilot programs include IP Australia, the Japan Patent Office, and the Korean Intellectual Property Office. The UK Intellectual Property Office announced on November 4, 2010, that it would commence a pilot in 2011 and the pilot commenced on 1 June 2011.

Patents go to the heart of invention, a key driver of technological progress and economic vitality. When the patent system functions correctly, it rewards only meritorious inventions—those that are useful, novel, and not obvious. This in turn encourages more people to exercise their ingenuity and effort to create new inventions. However, for a proper balance to be struck, the system must avoid awarding patents to discourage inventions that lack merit. When the system becomes inconsistent in recognizing true invention, inappropriately issued patents become obstacles for innovation in that technology area. This raises, directly or indirectly, the costs of doing business in that particular area.

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