It is a rare occurence when the government gets innovative. But that is exaclty what has happened at the US Patent and Trademark Office (USPTO), which has launched a pilot program with the New York Law School.
Peer-to-Patent is a community review project that allows online peer review of pending patent applications. The pilot is focusing on software and computer programs since that is an area where they have received consistent complaints and which they admit they don’t have the resources or expertise to adequately review. Of course you have to qualify to become an official peer reviewer and they have limited the scope of the pilot to 250 patents, but it is still a huge step forward for a major government bureaucracy. Companies that have submitted applications include GE, Intel, HP, IBM, Red Hat and Microsoft.
PeertoPatent.org In Their Own Words
“Patent and Trademark Office (USPTO) opens the patent examination process for online public participation for the first time. With the consent of the inventor, the Peer-to-Patent: Community Patent Review pilot, developed by the New York Law School Institute for Information Law and Policy in cooperation with the USPTO, enables the public to submit prior art and commentary relevant to the claims of 250 pending patent applications in Computer Architecture, Software, and Information Security (TC2100). This historic initiative connects an open network of community input to the legal decision-making process.
Peer-to-Patent involves 1) review and discussion of posted patent applications, 2) research to locate prior art references 3) uploading prior art references relevant to the claims, 4) annotating and evaluating submitted prior art, and 5) top ten references, along with commentary, forwarded to the USPTO. The goal of this pilot is to prove that organized public participation can improve the quality of issued patents.
Anyone in the public can participate as a reviewer, a patent application facilitator, and by sharing information about the pilot with others. Inventors can submit a qualified patent application for open review. Public participation is crucial to demonstrating the value of openness and making the case for greater USPTO accountability to the technical community. A successful pilot will also make a case for expanding to other subject matter.”
Why PeertoPatent.org It Might Be A Killer
Any program that aims to make government more efficient and effective is a positive move. This program is particularly noteworthy because of the complicated nature of patent reviews. But, fortunately, the government owned up to its limitations and brought in the private sector to help improve and streamline its operations. Here, here!
Some Questions About PeertoPatent.org
Are there measures to ensure the outside peer reviewers don’t get co-opted or bribed or pressured from the companies they are reviewing? How is the process going so far — are both the public and the government happy with the progress? Does this portend the future of how patents are given out, as well as other government programs? How can we use the success of this program to improve many other government offices? 
