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USPTO to Use Peer to Patent Program 124

An anonymous reader writes "DailyTech is reporting that the US Patent and Trademark Office is going to start using the Peer to Patent program. From the article:' The US Patent and Trademark Office has been getting praise for officially launching the Peer to Patent program -- the purpose of Peer to Patent is to find patents that have been issued for already made products or items that don't properly qualify for a patent. Because the USPTO usually does not have the manpower and time to thoroughly check every patent that comes into the office, many are unjustly rubber stamped.' The program will utilize a Wiki, among other tools, to get the job done."
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USPTO to Use Peer to Patent Program

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  • Re:Two words: (Score:4, Interesting)

    by Red Alastor ( 742410 ) on Tuesday May 09, 2006 @10:39AM (#15293027)
    'bout time.
    Indeed. Now they need to apply time penalties for stupid patents. Each time you troll them they wait longer before they examine your next patent and it grows exponentially.

    No one would submit tons of patent applications at once and hope something (or everything pass).

    And it doesn't disadvantage the small guy.

  • by MartinG ( 52587 ) on Tuesday May 09, 2006 @10:44AM (#15293072) Homepage Journal
    This will no doubt help matters, but still the burden of this work is being put on the wrong people. It should be on those who want the patent in the first place.

    If an existing patent grant is subsequently overturned for reasons that the applicant could reasonably discovered themselves then they should be penalised. It should be expected that the applicant has searched exhaustively (or at least as much as can be reasonably expected) before applying in the first place. Why should anyone else have to bear that burden?
  • Re:Infant Stage (Score:2, Interesting)

    by pointyhairedmba ( 698579 ) on Tuesday May 09, 2006 @10:53AM (#15293142)
    The same argument could haved been made a while back as to why people would never contribute their time, for free, to an open source software product. People who have a vested or passing interest in collectively making a more open sysem will donate their time in the same way they do for open source software projects.

    The incentive is that consumers will be able to more fully hold companies accountable for their actions resulting in fewer patent lawsuits, unfair competitive advantages, etc. This will all result in lower prices for products and a wider variety of products to choose from.

  • by DerGeist ( 956018 ) on Tuesday May 09, 2006 @10:58AM (#15293197)
    This is so true. The USPTO often recruits near where I live and work. In college, they had a booth at the college career fair and were the only people with NO line whatsoever. They literally had to walk around and ask people to come talk to them. It was pretty sad.

    It wasn't hard to figure out why, they were offering salaries nearly $15k lower than the competition. A CS/EE Master's degree and a 3.9-4.0 GPA would earn you something like $56k. In the DC area that's roughly $35k if you live somewhere with an average cost-of-living. Needless to say, most weren't too interested in the USPTO.

    To make matters worse, the job is awful. You are given x number of patents a week, period. Whether or not you finish them you're still getting them piled on you. It's just one after the other, like sorting mail your whole life. They tried to make it sound exciting, but it just wasn't.

    I spoke with some people who worked at the USPTO. They hated their lives. Their technical skills went completely to waste and they quickly learned you either become a patent lawyer or you flounder and die.

    This grim picture is all the USPTO has to offer to incoming recruits, and no wonder they are understaffed. Lousy patents making it through the system makes sense when you're reduced to hiring the desperate and underqualified. That's why I'm excited about this program. It allows others to help make decisions and provide insight rather than placing the entire burden on an underpaid, understaffed government office. A much needed change.

  • Re:Infant Stage (Score:3, Interesting)

    by Znork ( 31774 ) on Tuesday May 09, 2006 @11:06AM (#15293248)
    "I'm not so sure it would benefit anyone to join this proposed community"

    In fact, chances are you'd be punished for joining as it'd leave you exposed to willful infringement claims.

    The patent systems problems cant be solved within the current framework; the system itself isnt founded on a self-balancing financial structure, making it impossible to analyze, optimize and budget for.
  • by chrispycreeme ( 550607 ) on Tuesday May 09, 2006 @11:09AM (#15293267)
    If I understand the concept I think slashdot readers would be one group that would help with this. How many times have people posted all the "prior art" examples for these lawsuit harvest patents on /.? Open source developers that have projects threatened by junk patents etc etc. I think this is a fantastic development.
    my 2 cents, not one red cent more from me.
  • by MountainLogic ( 92466 ) on Tuesday May 09, 2006 @12:00PM (#15293694) Homepage
    I seem to remember some German Patent clerk making good in his spare time back in 1905. Al somebody. I think he invented the internet or physics or something.
  • by Kadin2048 ( 468275 ) <slashdot.kadin@xox y . net> on Tuesday May 09, 2006 @12:15PM (#15293888) Homepage Journal
    1905 would have been about the last time Patent clerks had spare time.

    And even that German guy got out of the business eventually, and found better things to do.

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