Peer-to-Patent - Justification and Purpose

Justification and Purpose

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.

The number of patents in the most active jurisdictions (including the ones piloting Peer-to-Patent) has grown over the past few decades.

The rise in patent applications has also placed stress on the patent offices themselves. For example, the USPTO October 31, 2010 had a backlog of about 700,000 patent applications, which is one and a half times the highest number of applications the USPTO has processed in any given year.

Peer To Patent is focused on helping patent offices perform high-quality examinations of pending patent applications by enlisting the public to help find and explain prior art. Prior art are references that predate the date of conception of at least some of the features of a given claimed invention. Prior art can include earlier patents, academic papers, magazine articles, web pages, and even physical examples. Patent examiners compare a claimed invention with the prior art to determine if a given invention is both new (i.e. novel) and not obvious to a person of ordinary skill and creativity of the invention.

Prior to the initiation of Peer To Patent, U.S. patent examiners had the sole responsibility for searching for prior art. Patent examiners have a time budget of a few hours in which to conduct such searches. Peer To Patent attempts to improve the patent process by markedly expanding the prior art search. The reasoning behind the project is that if prior art exists for an invention, particularly non-patent prior art, someone in the world knows about it. This knowledgeable person may be a competitor in the same field, a student or professor, or the owner of an earlier embodiment of the invention. Peer To Patent encourages such people to submit examples of prior art and creates communities of people worldwide who are interested in discovering prior art.

Peer To Patent uses social software features to facilitate discussion amongst groups of volunteer experts. Users can upload prior art references, participate in discussion forums, rate other user submissions, add research references, invite others, and more. This helps the examiners focus their attention on the submission(s) of prior art that have the highest relevance to an application.