EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

05.31.11

Peer To Patent: A Lawyers’ Solution to a Lawyers’ Problem

Posted in Law, Patents at 7:11 pm by Dr. Roy Schestowitz

Seal happiness

Summary: The New York Law School clings on to a system which makes patent lawyers relevant and legitimises the patent system rather than crush monopolies (now in the UK)

THE LAST thing we need right now would be software patents in Europe. We wrote about it in the morning. There are those who are trying to legitimise software patents in Europe (Nokia and Microsoft for example) and it’s actually a global issue because Microsoft legimitises them in South Africa too. There is this new article from South Africa which talks about such a problem: “The patenting of South African software is the subject of much heated debate. While the concept has never having been examined by our judicial system, software patent applications are being granted by our Patent Office, writes Elaine de Beer.”

“The only real solution is destruction of patent monopolies that impede progress (and that is a lot of them).”This brings us to today’s key subject. A press release has been issued by the Peer To Patent folks, whose initiative we commented on some days ago (EN, ES). It is not a bad thing, but it is not a good thing either. It’s a the lawyers’ solution to a lawyers-imposed issue, or at least the solution foreseen by academics in the legal field. To gain legitimacy, the Peer To Patent folks got backing from Judith Wilcox, whom we mentioned here before as we disagree with her supposition that patents breed innovation. Usually it is sharing that creates value more quickly, as opposed to litigation (or filings in general, which necessitates lawyers). They are drooling over cases like this one which has just been concluded in the United States: “Wireless Ink Corp, which runs the Winksite Service and is based in New York, has won a lawsuit against Google and Facebook in connection with a software patent, reports TOI.”

Yes, based in New York, just like the New York Law School, which is training lawyers to make money out of patent monopolies and such unjust paperwork which makes no sense. What they want now is for the public to help validate or garden patents by reviewing them, removing what they call “bad” patents and not software patents. How does that actually address the key problem introduced by the likes of Nokia/Symbian? This is not the sort of reform we need, but we wish Peer To Patent luck because fewer patents are always better than too many (many of which should not be granted, ever). As we said before, the lines of work of the FSF, FSFE and FFII should be adhered to. The only real solution is destruction of patent monopolies that impede progress (and that is a lot of them). Excluding competitors is rarely (if ever) beneficial to progress.

The PR spin can be found below. Just because it’s pasted does not mean we endorse it.


Baroness Wilcox launches Peer To Patent in the UK

An innovative new tool designed to help improve the patent application process was launched today by the Minister for Intellectual Property, Baroness Wilcox. Peer to Patent is a review website which allows experts from the scientific and technology community to view and comment on patent applications.

During the six month pilot up to 200 applications in the computing field will be gradually uploaded for review on the website. These will include a range of inventions from computer mice to complex processor operations.

Today, the first group of applications have been uploaded to the Peer to Patent website (www.peertopatent.org.uk) and are now open for review by registered users for three months. Following this, the system will create a summary of the comments which will be sent to a Patent Examiner at the Intellectual Property Office (IPO). Examiners will then consider these as part of the patent review process.

Speaking about the launch in the UK today, Baroness Wilcox said:

“Patent applications granted after using the Peer to Patent website review will be potentially stronger, giving businesses better protection to grow their innovative ideas. This will give the IPO access to a wider body of knowledge when deciding whether a patent should be granted.

“The pilot will give experts the opportunity to comment on patent applications and share their vital expertise before patents are granted. It will also mean that inventions already known in the wider community will be filtered out more readily.

“Peer to Patent is a step forward in supporting growth by reinforcing the patent bedrock on which innovative businesses thrive.”

President of the Chartered Institute of Patent Attorneys (CIPA) Alasdair Poore said:

“The quality of patent applications is so important. Interested observers are the ones who have the expert knowledge, so Peer to Patent gives them the chance to make a real contribution. We welcome this pilot as a way of exploring how third party opinions can really improve the quality of patents. I hope users, observers and applicants will engage positively and constructively in the pilot to show that it can work, and help to build a stronger UK patent system.”

The UK pilot goes live today (1 June) and follows on from successful Peer to Patent websites that have already been run in the USA and Australia. The project was developed by the New York Law School (NYLS) from the work of Professor Beth Noveck. The pilot will end on 31 December 2011.


Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 27/6/2017: Manjaro Linux 17.0.2 is Out, Windows Ransomware on the Loose Worldwide

    Links for the day



  2. Links 26/6/2017: Lumina Version 1.3.0, Final Linux RC

    Links for the day



  3. EPO Strikes in All Four EPO Sites for Two Days This Month and Next Month, Under the “Respect Staff” Banner

    The impact of the strikes at EPO doubles, as two strikes in two months are scheduled, starting this week



  4. Latest EPO Caricature: Staff Committee Maintains Integrity

    Caricature about double failure of Battistelli last week -- a failure which shall result in a general strike fairly soon



  5. Voter Suppression Tactics by Team Battistelli Serve to Reaffirm View That the EPO is an Authoritarian Regime Which Loathes Voting

    In spite of the dirty tricks employed by Team Battistelli, staff managed to guard the integrity of the staff committee and vote for a strike; the dirty tricks, however, will not and should not be forgotten



  6. Leaked: Job Opening Advertised as Battistelli’s 'Mole' at the Administrative Council, Jesper Kongstad, Leaves in Shame

    Having disgraced the Administrative Council of the EPO, e.g. by protecting the person whom he is supposed to supervise, Jesper Kongstad will leave in 3 months



  7. As Electronic Frontier Foundation (EFF) Ramps Up Its Campaign Against Software Patent Trolls the Patent Microcosm Attacks the Messenger (EFF)

    In an effort to thwart Alice and the EFF (two birds, one stone) the patent microcosm goes behind the scenes and saturates the media with misleading articles, including attacks on the EFF itself



  8. In Sandoz v Amgen, the Federal Circuit is Again Found to Have Delivered Patent Injustice

    SCOTUS continues to disagree with CAFC on everything that it decides to reconsider, even the very latest decision (formally delivered earlier this month)



  9. The Supreme Court Can Reassert the Legitimacy of the Patent Trial and Appeal Board (PTAB) Later This Year or Next Year

    What lawyers-centric media characterises as a risk to PTAB may actually be an opportunity to silence critics of PTAB and help it carry on squashing bogus patents



  10. The US Patent Office (USPTO) Should Now be Headed by Drew Hirshfeld, a Patent Examiner Who Rose to the Top, Not a Lawyer Like Joseph Matal

    Donald Trump's Secretary of Commerce, Wilbur Ross, pushes to the top the patent microcosm rather than technical people who are equipped with the knowledge and experience to run the Office as well as Michelle Lee did



  11. After Latest Supreme Court Rulings on Patents, Including Impression v Lexmark, the Federal Circuit is Left Disgraced

    Hostility towards the patent microcosm's patent maximalism, as witnessed at the US Supreme Court (SCOTUS), culminated in another decision and will soon result in yet more decisions, as SCOTUS has since then picked more patent cases to look at



  12. IBM, Apple and Facebook Pursue Software Patents in India in Defiance of the Ban

    Multinationals from the United States, or digital colonisers with ambitions to spy on and control finance, continue to behave as though Indian law is not applicable to their operations in India and repeatedly attempt to patent software anyway



  13. Wouter Pors Under Fire for Lying or Manipulating in the Name of the Unitary Patent (UPC)

    The argument between Team UPC and other patent professionals (without a lot of eggs in the UPC basket) heats up as Wouter Pors resorts to desperate measures and Bristows belatedly admits constitutional problems in the UK



  14. Systemic Injustice at the International Labour Organisation (ILO) Causes Serious Harm to Complainants' Health, Including EPO Complainants

    The high human cost of ILO's failure to fulfill its stated mission while pretending that it has things under control (that is clearly no longer the case, especially as far as EPO cases go)



  15. Links 24/6/2017: GNOME Music Improves, FreeBSD 11.1 Beta 3

    Links for the day



  16. Microsoft and Bill Gates Become More Actively Involved in Their Biggest Patent Troll (and World's Biggest Troll), Intellectual Ventures

    The world's largest patent troll, which reportedly operates (litigates) through literally thousands of shells, has received yet more financial aid from Microsoft and Bill Gates



  17. The STRONGER Patents Act is One Among Several New Pushes for Patent Chaos in the United States

    US patent law is being 'massaged' again, with bills being pushed forth that propose a return to Armageddon, undoing much of the progress made possible by the Leahy-Smith America Invents Act (AIA)



  18. SUEPO and the EPO's Central Staff Committee Condemn Battistelli's Latest Attempt to Change the Rules in Defiance of Laws

    Staff representatives at the EPO voice opposition to so-called 'reforms' which are neither desirable nor legal



  19. The Tide Has Turned Against the Unified Patent Court (UPC) and It Finally Looks as 'Alive' as TPP

    The UPC is now stuck if not dead because officials are realising -- however belatedly -- that this entire charade was from start to finish just a coup d'état of the patent 'industry'



  20. Potential Targets of European Patent Office (EPO) Whistleblowing

    Priorities for whistleblowing at the European Patent Office (EPO), which operates secretly and occasionally illegally, too



  21. Links 23/6/2017: Wine 2.11 Released, HPC Domination by GNU/Linux

    Links for the day



  22. Primer to the Crisis and Scandals at the European Patent Office (EPO)

    An introduction to the chaotic state of what used to be the world's leading patent office and quickly became Europe's biggest embarrassment



  23. Workers of the European Patent Office (EPO) Are Going on Strike Again, Almost 90% Voted in Favour

    Thousands of brave EPO employees chose to cast a vote and make it known that they are in favour of another strike



  24. Benoît Battistelli Has Lost the Election at the EPO

    FFPE candidates (or moles from the yellow union) failed to enter the Central Staff Committee in spite of Battistelli's attempt to help them get in



  25. Emerging Threat to Patent Reforms at the USPTO

    Our plan of returning to coverage of US patent affairs in the wake of powerful lobbies that pursue patent maximalism



  26. You Know That the Unitary Patent (UPC) is in Huge Peril When Its Biggest Fans Admit It's Unlikely to Happen Even Next Year

    The tactics of Team UPC turn ugly as they personally target anyone who stands in their way, even a professor/judge who is courageous enough to state the obvious



  27. More Than Six Human Casualties Under Battistelli at the EPO, But the Human Toll Can Become a Lot Worse

    The bigger or much broader picture detailing the high cost of autocracy and mental torture at the EPO, where lives are ruined not only when these are ended and some key buildings pose severe threat to a lot of workers



  28. EPO's Elodie Bergot Calls Staff Suicide Just 'Passing Away', Pretends to Care

    How the EPO continues to mislead if not lie to staff, even when staff commits suicide -- a growing problem for Team Battistelli, whom some insiders hold accountable for these deaths



  29. The Administrative Tribunal of ILO Will Deliver EPO Judgments in Six Days

    Despite its old age (nearly a century), ILO's tradition when it comes to enforcing the law is anything but sterling, yet one can hope that it will stop its unproductive cat-and-mouse game with the EPO, where compliance is rare and actual judgments (not deferrals/referrals) are even rarer



  30. Links 21/6/2017: Red Hat's Numbers Are Up, New Debian Being Studied

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts