Peer-to-Patent - Theoretical Underpinnings

Theoretical Underpinnings

An understanding of Peer To Patent's philosophical basis is valuable in order to comprehend its operation. The project also has a technological basis, lying in the potential for Internet technologies to structure public input into government processes much more effectively than agencies and legislators have done in the past. Thus, Peer to Patent is more than an intervention into the patent system; it serves as a demonstration of the potential to bring the public more fully into its own governance.

Attempts to involve the public in government decision-making (other than voting and referenda, which are frequently powerful, but are also intermittent and very restrictive of the public's capacity for subtle, expressive input) previously fell into two categories, both usually of minimal impact:

• Free-form online forums. These are useful for the exchange of information, but lack the structures that would permit the formation of coordinated groups and sustained, constructive planning between the public and government officials.
• Web sites with suggestion forms. These tend to draw ill-considered comments from marginally committed participants, lack mechanisms for follow-through, and provide no support for knowledgeable individuals to coordinate their efforts.

The paradigm underlying Peer To Patent is relatively novel, and involves clear goals, direction, and structure. The model is related, however, to many notions of civil society, particularly the theories deliberative democracy, communicative action (Jürgen Habermas), and strong democracy (Benjamin Barber). The more immediate underpinnings are best described in a series of papers by the creator of Peer to Patent, Beth Simone Noveck of New York Law School. Relevant papers include:

• "Democracy of Groups" explains that "self-constituting groups" of volunteers can create value beyond what the individuals in them could accomplish alone. If formed online, such groups require tools to visualize their relationships and formalize contrasting approaches, so the groups can interact productively. New legal categories should also be created to recognize self-constituting groups—just as special categories for corporations now exist—and give them a voice.
• "Electronic Revolution in Rule-Making" criticizes the doctrine of the "insulated bureaucrat" who has been assumed by governments to be the most effective and impartial judge of policy. The paper calls on more democratic input from "on-going communities of interest and expertise," but explains that government attempts to solicit such input generally fail because there is no process to let communities collaborate on input or to fashion input into a form that policy-makers can use. The article points to effective techniques such as allowing individuals to comment on each other's suggestions, providing tools for collaborative editing to bring up the quality of the suggestions, and allowing discussions with group moderation. Social norms and technological innovations must go hand in hand.

The promise of Peer To Patent also draws on the success of various other movements that have created effective, productive communities on the Internet from far-flung individuals: free software and open-source software development, peer-to-peer systems for the collaborative sharing of data and computer processing, and Wikipedia.