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 30/4/2017: Linux 4.11 Ready Shortly, Unreal Engine 4.16 Preview, Kirigami 2.1 is Out

    Links for the day



  2. High Courts in the United States Still Neither Grappling/Interfering With PTAB Nor Overturning <em>Alice</em>

    In spite of unprecedented pressure from Watchtroll, Dennis Crouch and other prominent elements of the patent microcosm in the United States, software patents continue to enjoy no backing from the courts while the Patent Trial and Appeal Board (PTAB) accelerates its crackdown on such patents



  3. Hailo and Qualcomm Both Want to Profit From Software Patents Rather Than Actual Products

    The (mis)use of software patents for "easy money" is being challenged and it does not look particularly encouraging to those who rely on such patents in 2017



  4. “Spectator” and “The Patent Scam” (New Site/Movie) Tackle the Patent Trolls Epidemic

    The mainstream criticism of patent trolls, culminating even in movies like "The Patent Scam" and others, might be enough to sway public opinion on the subject



  5. Unified Patent Propaganda Courtesy of a Cabal of Firms That Constructed the UPC

    The Unified Patent Court (UPC), a proposed patent litigation system which would harm European industry for the benefit of law firms and their largest clients (abroad), is only being boosted by few selfish and patently dishonest stakeholders, including/enjoying the EPO's massive PR/lobbying budget (FTI Consulting)



  6. Twitter Shadowbans Critics of the EPO Now?

    Criticise the EPO's European Inventor Award 2017 (in a way that becomes visible), get shadowbanned by Twitter (rendering this criticism invisible)



  7. RecogniCorp v Nintendo is Another Nail in the Coffin of Software Patents in the United States

    A precedential new decision against software patents is terrible news for the patent microcosm -- something for them to spin or moan about for a long time to come



  8. Battistelli is Busy Securing the Vote of Countries Whose Support and Tickets Are Easy to 'Buy'

    Battistelli’s banana republic politics and tricks are viewed as his ticket to endless ‘leadership’ (domination by sheer force) of a sinking patent office, whose rules he repeatedly breaks (including lack of eligibility to run it, for multiple reasons)



  9. Patent Snake Oil From Brunel University London and PatentDive

    The ludicrous notion of replacing patent examiners (or searches by humans) with machines is seriously considered by some who should know better... but don't



  10. This is How 'Independent' the Boards of Appeal Are Under Battistelli

    A rather revealing new factoid about the interview that never happened (potentially contradicting a previous one with Battistelli), or why it did not happen



  11. Links 29/4/2017: Endless OS, Pinebook, and New Mozilla Foundation Board Members

    Links for the day



  12. Links 28/4/2017: Subsurface 4.6.4, GNOME Shell & Mutter 3.25.1

    Links for the day



  13. Kather Augenstein and Bristows Shift Attention to Germany in an Effort to Ram the Dying UPC Down Everyone's Throats

    Down the throat, hopes Team UPC, the Unitary Patent system will go, even though Britain cannot ratify, throwing the whole thing into grave uncertainty



  14. United for Patent Reform Defends USPTO Director Michelle Lee From Attacks by the Patent Microcosm

    Michelle Lee is finally (if not belatedly) shielded by a bunch of large technology companies; The deep-pocketed industry finally steps in line with our position, which is usually when things turn out the way we advocate for



  15. Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

    A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again



  16. China's Suffering From Patent Maximalism Has Europe Forewarned

    The parasitic elements inside China -- those that just want lots of litigation (even if from patent trolls) -- are winning over, much to the detriment of the Chinese economy, and Team UPC threatens to do the same in Europe with help from Battistelli



  17. Links 27/4/2017: Mesa 17.0.5 RC1, Git 2.13.0 RC1, and Linkerd 1.0

    Links for the day



  18. The Latest Expensive PR Blitz of the EPO, Led by Jana Mittermaier and Rainer Osterwalder Under the 'European Inventor Award' Banner

    The PR agencies of the Corsican in Chief, who appears to be buying political support rather than earning any, are very busy this week, as yet another reputation laundering campaign kicks off



  19. Links 26/4/2017: SMPlayer 17.4.2, Libreboot Wants to Rejoin GNU

    Links for the day



  20. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  21. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  22. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  23. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  24. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  25. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  26. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  27. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  28. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  29. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  30. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays


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