Public Participation in Patent Examination - USPTO Community Patent Review (Peer To Patent)

USPTO Community Patent Review (Peer To Patent)

On June 15, 2007, the United States Patent and Trademark Office began a two year pilot community patent review called Peer to patent or Community Patent Review. The program organizers anticipate having 250 pending software patent applications reviewed by members of the interested public. They can submit prior art along with commentary and vote on the most relevant prior art. Four months after a patent application is posted the most relevant prior art is provided to the patent examiner.

In the first five months of the program, over 20 applications have been opened to the public and 8 have completed reviews. Over 28,000 site visits have been recorded. 1,600 reviewers from more than 100 different countries have registered. Over one hundred thirty potential prior art references have been submitted. General Electric, Hewlett Packard, IBM, Intel, and Oracle Corporation each have volunteered some of their pending patent applications for review.

Patent examiners will have access to the commentary and will consider it in their examination. Applications that are part of the pilot program will get accelerated examination.

Of the first 19 office actions received by Peer-to-Patent applications, 5 cited the prior art submitted by reviewers.

A new pilot started on October 25, 2010, and will continue until September 30, 2011.