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Patent Reviews Via Wiki
unboring writes "Fortune reports on a pilot program where the patent approval process would be opened to outsiders for review. Reviewers can vote and discuss on different proposals, through say a wiki. Given the many (recent and past) patent approval fiascos, this seems like a good idea. It'll be interesting to see how they would deal with the issues faced by Wikipedia."
Curiously, neither the submission nor the CNN article gave a link to the actual project page for the Peer to Patent Project. That page has more information and a blog giving updates on progress. There's also a Community Patent Proposal Wiki, but it seems to be down.
Interestingly, the lead sponsors for the project are HP, IBM, Microsoft, and Red Hat. Strange bedfellows, eh?
Bullshit.
h tml
Already today the USPTO publishes pending patent applications, usually years before they are either approved or denied.
You can see for yourself here: http://appft1.uspto.gov/netahtml/PTO/search-bool.
Publication is a very fundamental part of the patenting process, if you do not want your competition to know about your invention then you cannot patent it either. The idea is that if your invention really is novel then you will get protection sooner or later and can go after anyone thats infringing on your patent.
If your application does not get approved, then you are correct that you will have lost any edge on your competition by way of secrecy. But then again, if your application is rejected then its most likely not very valuable anyway.
BTW: This is the reason a lot of millitary research or technology deemed important for national security is never patented. Patent applications implies publishing.
Your correction of the GP is mostly correct, but has, itself, one error: There is no retroactive effect to issue of a patent; it is only effective as of the date of issue, and expires no later than 20 years from the effective filing date of the application (the expiration date might be sooner due to things like terminal disclaimers, failure to pay maintenance fees, but might also be longer due the effect of the Patent Term Extension Act, mainly for pharmaceuticals subject to regulatory approvals). The benefit of an earlier filing date is immunizing the application/patent against prior art attacks.
...your first statement is only partially true. An invention only has guaranteed protection once a patent has issued.
Even this is a common misunderstanding of patents. Technically, even a granted patent is not actually tested until it ends up in a court. Just because a patent is granted (remember that most of what you see is actually a patent application and many of those will never be granted) doesn't mean it will stand up in court.
The patent process is expensive and slow enough as it is - as far as I can see this would simply make it slower and more expensive.
"Because it's there." - George Mallory, when asked why he wanted to climb Mt Everest, March 18, 1923 (New York Times)
Take a look at my site:g =en
g =en
http://prevalent.de/index.pl?site=1&subsite=3&lan
Ok, it's for german and european patents only, but it should fit to give you an idea on how I imagined this. On the left side there is always a patent application, and on the right side you can vote the patent, submit prior art, use a forum to discuss or enter a wiki side for each patent.
The difference is, that I don't review patents before they are published. (That's not possible of course). But there are new patents that are granted, but are still within the german or european objection time.
Until today I filed four objections at the german patent office against granted patents. The cases are still running and not yet decided.
Take a look at it: http://prevalent.de/index.pl?site=1&subsite=3&lan
cu,
Jan