In recent years, the US Patent and Trademark Office (USPTO) has struggled to handle the massive deluge of patent applications filed by major technology firms. The volume and complexity of the patent filings exceeds the limits of the USPTO's resources and manpower, leading to long delays and inadequate review. Patent litigation is slowly strangling the technology industry and the USPTO's inability to handle its workload definitely isn't helping. In response to the immediate need for reform, the USPTO is experimenting with a new way to make the patent review process more efficient and transparent: imitate the Wikipedia model and leverage the Internet hive mind.
The USPTO is collaborating with the New York Law School's Institute for Information Law and Policy to implement a pilot program that uses Internet crowdsourcing to evaluate patent applications. Created to facilitate the pilot program, the Peer-to-Patent web site encourages participants to review and discuss patent applications, research prior art, and rate submissions posted by other users. Approximately 250 technology patent applications that relate to topics like computer architecture, software, and information security will be reviewed during the pilot program. The site launched late last month with patents applications filed by Intel, IBM, and Red Hat.
An announcement issued today by the New York Law School reveals that over 1,000 public peer reviewers have already participated in the Peer-to-Patent program. Three new patent applications have been added to the lineup, including a patent filed by Microsoft that covers a mechanism for allowing content creators and distributors to cash in on off-line transfers of digital media.
"We're thrilled with the support and open approach shown by Microsoft, Intel, and so many other companies," says Beth Noveck, the director of the New York Law School's Institute for Information Law and Policy. "In particular, we expect significant interest in Microsoft's application, as it relates to an important topic in the online world, digital rights management."
The Peer-to-Patent web site also gained several new features this week, including broader support for e-mail and RSS notification, automatic hyperlinking of URLs included in comments, and support for longer comments.
Tech industry heavyweights like Microsoft, IBM, and Intel have acknowledged the need for reform. In recent Senate Judiciary Committee hearings evaluating proposed patent reforms, a coalition of technology companies including Microsoft, Apple, Cisco, and Intel jointly called for Congress to pass the Patent Reform Act.
IBM, which already voluntarily publishes all of its patent applications for public review, seems to think that legislative reform is necessary but insufficient. Published earlier this year, a BusinessWeek article written David Kappos—IBM vice president and assistant general counsel for intellectual property law—argues that collaboration and consensus is the key to solving the patent problem. "Consensus must underpin action," says Kappos. "For while the Supreme Court can adjudicate, Congress legislate, and the USPTO and private sector innovate, we won't have broad progress until all parties work with one another, with the right balance, moderation, and the greater good at heart." Perhaps the Peer-to-Patent pilot program is the first step towards building that collaboration.
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