|
Peer to Patent Project Begins June 15 |
|
Thursday, June 07 2007 @ 05:42 PM EDT
|
The USPTO has released a press release reminding all of us that the New York Law School's Peer to Patent Project begins in a week. It's a year-long project, a test, so the US Department of Commerce, which is over the USPTO, can study whether such public input is helpful. I know it can be. But it's up to you. I know from doing Groklaw that you have the skills to find prior art, so it's in the power of your hand to contribute meaningfully to this project, if you want to. Here's the AP account providing an interesting tidbit: Some engineers and attorneys earlier this year questioned whether comments on a rival's application could make them vulnerable later to willful or deliberate infringement charges. But the program's director has said deliberate infringement laws apply to patents, not applications. It's historic, in that it's never been tried before, letting the public provide the USPTO examiners with a helping hand. The goal is to find ways to block stupid patents at the applications input level, so they don't get approved, issue, and subsequently hurt people and companies. I think of it as bug spray to kill off stupid patents before they can multiply.
Yes, Groklaw's own Jill C. Carpenter, being brilliant again. She did one just for us, too:
Of course, the USPTO puts it more traditionally, "The goal of this project is to test whether the organized collection and submission of documents together with comments by the public will produce better examination results by presenting prior art known by the public to the examiner early in the prosecution, specifically before the first Office action." Whew. I think I said it more clearly, but there you are. If you wish to think about participating, here's a paper by The Information Technology & Innovation Foundation (ITIF), "Patents Pending: Patent Reform for the Innovation Economy" [PDF] which recommends the project. So does Microsoft. But don't flip the page in disgust. So does IBM. Ditto Red Hat and Sun. From the AP account: The one-year community review project will give outside experts in computer technology the opportunity to submit technical references relevant to the claims of a published patent application before an examiner reviews it, according to the PTO.
IBM Corp., Microsoft Corp., General Electric Co., Hewlett-Packard Co., CA Inc. and Red Hat Inc. have already agreed to public reviews of some software patent applications, and they have provided funding as well.
Other participants in the pilot, which is a joint initiative with the Community Patent Review Project at New York Law School's Institute for Information and Policy, include: Intel, Oracle Corp., Sun Microsystems Inc. and Yahoo Inc. Basically, almost everyone. Me too, if you are willing. I know many wish that software and patents would just get a divorce. I do too, and some happy day the Supreme Court may just decide that issue. But for now, this can at least contain some of the horrible damage being done. This is a problem so huge that everyone agrees it exists, even if we don't share the same motives or goals. If you'd like to know what the rules are for participating, here you go or just go directly to their paper about it. [PDF]. Here
is the consent form [PDF] if you want a patent of yours to participate. If you wish to participate as a member of the public input squad, we do it through the New York Law School's website. You must register first. The USPTO is cooperating with NYLS, but it isn't controlling their part of the project. We can of course also work here as a group once a patent is posted and then collectively designate one person to provide the information to the NYLS site. The rules are based on current law, which requires consent from the patent applicant before examiners can accept commentary from the public on prior art. So only volunteered applications will be considered in the pilot. That limits its effectiveness, but assuming that the study goes well, it may lead to changes in the law, since patent reform is in the air. Meanwhile, we can learn a great deal about how to find prior art. You never know when that might come in handy, eh?
The New York Times has a story about it today, that includes this: The patent office is experimenting with the concept of opening the examination process to outsiders, inviting public peer reviews. On June 15, Mr. Dudas said, it will begin a pilot project for open reviews of software patents. The patents will be posted on a Web site, and members of the public with software expertise will be allowed to send the patent office technical references related to the patent claims.
But the pilot project applies only to applications in information technology, and only with the approval of the patent applicants. Public peer reviews without an applicant’s approval would be required for legislative changes.
The patent office has been instituting its own quality initiatives in recent years. And it has hired more examiners, adding 1,200 last year to bring its staff above 5,000.
The percentage of patent applications approved in the first quarter this year was 49 percent, down from 72 percent in 2000. “We’ve taken steps, and the result has been that a lot more patents are rejected,” Mr. Dudas said. “But those numbers also tell you there are a lot of bad patent applications.” Obviously, something is going to be done, and either you contribute to help it get it right or you don't. But the article certainly highlights that the solution requires a change in the law.
Here's the USPTO press release:
******************************
USPTO to Test Impact of Public Input on Improving Patent Quality in the Computer Technologies
Peer Review Pilot is Part of Agency Efforts to Promote Quality as Shared Responsibility
The Department of Commerce's U.S. Patent and Trademark Office (USPTO) today released details of a pilot project that could help expedite and improve the examination process in computer technologies. The Peer Review Pilot will give technical experts in computer technology, for the first time, the opportunity to submit annotated technical references relevant to the claims of a published patent application before an examiner reviews it.
"Studies have shown that when our patent examiners have the best data in front of them, they make the correct decision," said Jon Dudas, director of the USPTO. "Examiners, however, have a limited amount of time to find and properly consider the most relevant information. This is particularly true in the software-related technologies where code is not easily accessible and is often not dated or well documented."
The pilot is a joint initiative with the Community Patent Review Project (CPRP), organized by the New York Law School's Institute for Information and Policy. The pilot will begin on June 15, 2007 and will run for one year.
Technical experts in the computer arts registering with the CPRP website will review and submit information for up to 250 published patent applications. To ensure a broad cross section of computer technology is reviewed, no more than 15 applications will be allowed from any one person or organization.
Existing law allows USPTO to accept prior art from the public, but it doesn't allow the public to submit any commentary related to the art without the approval of the applicant. Thus, consent will be obtained from all applicants whose applications are volunteered and selected for this pilot.
To expedite review of applications used in the pilot, they will be assigned to an examiner as soon as a submission is received from the CPRP. This will shorten the time it normally takes in the computer arts from filing an application to a final decision. Only one submission from the CPRP of up to 10 annotated references will be accepted for each application in the pilot.
This pilot is just one facet of USPTO's broader efforts to find new ways to get the best information in front of examiners before they make a final decision on a patent application. To ensure a vibrant, modern patent system, USPTO also supports implementation of "applicant quality submissions" which would include search and support documents from applicants.
USPTO supports expanding the ability of third parties to submit to the USPTO information they believe is pertinent to a pending application, a concept included in patent modernization legislation now under consideration in the U.S. Congress. In combination, the peer review pilot, applicant quality submissions and expanded third party submissions encourage a highly participatory examination process that will lead to more efficient and effective review of patent applications.
For more information on the peer review pilot go here [PDF]
|
|
Authored by: Just_Bri_Thanks on Thursday, June 07 2007 @ 05:47 PM EDT |
And please place the nature of the correction in the title!
---
Bri. Just Bri. Thank you.
(With a long i sound.)
Without qualification, certification,
exception, or (hopefully) bias.[ Reply to This | # ]
|
|
Authored by: Just_Bri_Thanks on Thursday, June 07 2007 @ 05:48 PM EDT |
Off topic here, if you would please. Allowable html is found in red at the
bottom of the comment edit box, and please format your comment as HTML instead
of the default "Plain Old Text".
---
Bri. Just Bri. Thank you.
(With a long i sound.)
Without qualification, certification,
exception, or (hopefully) bias.[ Reply to This | # ]
|
- Headline! Linux DOLLAR growth is neck-and-neck with Windows! - Authored by: Anonymous on Thursday, June 07 2007 @ 06:34 PM EDT
- A Most Valuable Professional? - Authored by: Anonymous on Thursday, June 07 2007 @ 06:56 PM EDT
- off topic, but not--synthetic life patent app - Authored by: Anonymous on Thursday, June 07 2007 @ 07:20 PM EDT
- MS Patent Deals - Paranoid Conspiracy Theory Thread - Authored by: tqft on Thursday, June 07 2007 @ 07:44 PM EDT
- Help! Pointer to Table of Allegedly Infringing Materials - Authored by: Anonymous on Thursday, June 07 2007 @ 07:45 PM EDT
- Another Patent Protection Deal for Microsoft - Authored by: JamesK on Thursday, June 07 2007 @ 08:19 PM EDT
- Bonnie Garcia.... amusing - Authored by: Anonymous on Thursday, June 07 2007 @ 10:03 PM EDT
- Question - what about *forced* patent deals and GPL3? - Authored by: wjaguar on Friday, June 08 2007 @ 01:02 AM EDT
- The easiest way to improve the quality of patents - Authored by: globularity on Friday, June 08 2007 @ 09:36 AM EDT
|
Authored by: Anonymous on Thursday, June 07 2007 @ 06:34 PM EDT |
The USPTO have been looking silly for years with all the stupidly obvious
patents they have let through the door, and now they want other people to do
their work for them. You will be expected to work for free in order to protect
yourself against a system that is fundamentally broken so that the USPTO can
hide their most obvious blunders and pretend that they have a useful purpose in
society.
It's a bit like a shop selling landmines for $1000 each and people buy the
landmines and leave them on major roads and railway tracks. So the shop in
question puts up a poster asking for volunteer landmine clearing teams to go in
and keep our transport system safe then the owner of the shop goes and poses for
the cameras and starts talking about what a great job they are doing with their
new community safety program.
[ Reply to This | # ]
|
|
Authored by: Anonymous on Thursday, June 07 2007 @ 07:18 PM EDT |
What about these?
This has been a long-running debate.
There are just *some* things you don't want tampered with.
Even FSF in the GPLv3 had "issues" with this field.
And what defines "software"? ROMs ? EPROMs ? ASICs? DSPs?
are those covered?
Hardware is moving more and more towards these types of devices, more like
"software enabled" or "software enhanced", so this covers
all that?
What about car computers? You want people messing with those? It's bad enough
that Microsoft is now doing code on them.
I doubt this debate can be solved quickly, simply, easily, or perhaps, even,
ever.[ Reply to This | # ]
|
- Huh? - Authored by: Anonymous on Thursday, June 07 2007 @ 07:34 PM EDT
- Huh? - Authored by: Anonymous on Thursday, June 07 2007 @ 07:39 PM EDT
- ALL software patents? even medical-related? - Authored by: tknarr on Thursday, June 07 2007 @ 07:53 PM EDT
- ALARMS BELLS ARE HOWLING! CLAXONS ARE RINGING! - Authored by: Simon G Best on Thursday, June 07 2007 @ 08:04 PM EDT
- ALL software patents? even medical-related? - Authored by: Anonymous on Thursday, June 07 2007 @ 09:56 PM EDT
- Badly informed, even for a troll. Car Chipping - Authored by: Anonymous on Friday, June 08 2007 @ 04:37 AM EDT
- Trucks too - Authored by: Anonymous on Friday, June 08 2007 @ 06:09 AM EDT
- Especially medical-related! - Authored by: cricketjeff on Friday, June 08 2007 @ 06:35 AM EDT
- Probable troll, or merely confused? - Authored by: tiger99 on Friday, June 08 2007 @ 08:26 AM EDT
- What is the point - Authored by: globularity on Friday, June 08 2007 @ 09:22 AM EDT
- I think this oes under the heading of "Incompetent Trolls" (nt) - Authored by: Anonymous on Friday, June 08 2007 @ 10:24 AM EDT
|
Authored by: Anonymous on Thursday, June 07 2007 @ 07:45 PM EDT |
I rather like these patent deals. To me, each of them is fresh
evidence that Microsoft is violating antitrust laws. Right out
there in public. Easy evidence to gather.
Microsoft dreads court judgments -- seems as if they settle
almost everything. So, I hope Microsoft keeps pushing.
Someone will eventually push back, and who that is may
surprise us. How many companies are tired of paying
exorbitant prices for Microsoft's toy software? I think
companies are yearning for grown-up software.
My WAG is Wall Street, which is heavily into Linux and seems
the least likely to cave in to Microsoft's racketeering. Wall
Street can afford to fight back; it has more money than Microsoft.
[ Reply to This | # ]
|
|
Authored by: nerd6 on Thursday, June 07 2007 @ 07:47 PM EDT |
LXer Editorial; By D.C. Parris
Microsoft &
Linux Vendors Trading in Patent Fool's Gold
The solution to the
problem is at once simple and difficult. The simple answer is to reform our
patent system. The difficulty should be obvious. What will it take to convince
IBM, a company that continues to submit software patents at an astounding rate,
to work toward patent reform? What will it take to convince Microsoft, a company
that suffers from patent litigation, yet seeks to use the fear of patent
litigation to its own advantage, to work toward patent reform?
[ Reply to This | # ]
|
|
Authored by: mattflaschen on Thursday, June 07 2007 @ 08:44 PM EDT |
The process requires applicants to voluntarily approve their patents for peer
review. One would expect companies to submit their worst patents to this
process, to avoid their best ones being rejected. But if they wise up, they
will submit only their best. This would ensure that few are rejected because of
peer review and the process can be declared a failure before it becomes
mandatory.[ Reply to This | # ]
|
|
Authored by: Anonymous on Thursday, June 07 2007 @ 10:01 PM EDT |
Come on, people. Take a look at the list of sponsors, and sing with me, "One of
these things is not like the others." I can't believe that nobody has mentioned
that one of the lead sponsors of this project is Intellectual Ventures. They
are the only sponsor that is a, um, what's the euphemism,
"non-practicing entity in technology." And they of course
have a seat on the Steering Committee.
They have heeded the wisdom of the
ancients: "Keep your friends close, and your enemies closer." [ Reply to This | # ]
|
|
Authored by: Anonymous on Friday, June 08 2007 @ 12:34 AM EDT |
So we do the work for the patenting corporations, that will filter out
their weakest patents and help them direct their resources to the more plausible
ones? Why does anyone in the free software community think this is a good
idea? [ Reply to This | # ]
|
|
Authored by: skuggi on Friday, June 08 2007 @ 01:17 AM EDT |
Instead of a cockroach could we please have the Microsoft Bu
ttfly. It is very annoying insect which will lay eggs in Apple,(Inc.)
and damage it with worms.
Penguins are not immune to it but live in colder
climate where the buttfly cannot and never will thrive.
--- -Skuggi. [ Reply to This | # ]
|
|
Authored by: Anonymous on Friday, June 08 2007 @ 04:41 AM EDT |
Many thanks for art Jill. Just goes to show there are many ways to contribute to
FOSS.[ Reply to This | # ]
|
|
Authored by: vadim on Friday, June 08 2007 @ 06:03 AM EDT |
Yesterday i've met a guy who developped a clever technique to
enchance most audio and video compression algorithms.
He made his presentation and run a an extremely impressive demo.
During the presentation he affirmed that he obtained worldwide patents on the
technique.
So i asked him to explain me the essence of his invention,
he said, if you sign an NDA i'll explain you. I was surprised: "But i can
simply read the patent, so why the NDA?", and his answer: "The patent
is worded i such way that you're be unable to understand the techinque from the
wording"
....
[ Reply to This | # ]
|
|
Authored by: bb5ch39t on Friday, June 08 2007 @ 10:12 AM EDT |
New Firm Eager to Slap Patents on Security
Patches
These "innovators" want people to tell them about security
problems with "major applications". The company would then patent the fix
so that nobody could use it without a license from them.
Just seem
wrong to me, somehow. [ Reply to This | # ]
|
|
Authored by: Anonymous on Friday, June 08 2007 @ 11:49 AM EDT |
Yes, deliberate infringement (and consequent triple
damages) come from patents, not applications. But if you
view one of these applications, then it gets approved, you
are in line for the infringement claims. On top of that,
US patent law prohibits disclosure of applications prior
to approval or rejection, so you must have to sign an NDA
(all other countries in the world publish applications
after 18 months, whether approved or not).
So anyone who participates in this either sets themselves
up for two different avenues of lawsuits or voluntarily
bans themselves from writing any software in the field of
endeavor in question. Why would they do that?
In fact, my employer prohibits me from viewing patents,
because doing so sets them up for triple damages. If I
have a concern, it must be investigated hands off by
outside counsel.
[ Reply to This | # ]
|
|
Authored by: darkonc on Monday, June 11 2007 @ 11:38 AM EDT |
Some engineers and attorneys earlier this year questioned whether
comments on a rival's application could make them vulnerable later to willful or
deliberate infringement charges. But the program's director has said deliberate
infringement laws apply to patents, not applications.
I can't see
this as being much of a problem -- especially if a company brings forth what
they're already doing as prior art: Either what you're doing is prior art -- in
which case the patent is invalidated, or it's not prior art -- in which case the
patent (by definition) doesn't apply.
The real problem is that no company
(or very few of them) is going to have the resources to review all of the
thousands of applications a day that go through the PTO. --- Powerful,
committed communication. Touching the jewel within each person and bringing it
to life.. [ Reply to This | # ]
|
|
|
|
|