3 ms·

On the topic of crowdsourcing prior art, I found something interesting from googling around a bit that I wonder if anyone here might know anything about: https

by nathcd 7y ago

On the topic of crowdsourcing prior art, I found something interesting from googling around a bit that I wonder if anyone here might know anything about: https://www.uspto.gov/page/roundtable-uspto-use-crowdsourcing-identify-relevant-prior-art-examination-application https://www.uspto.gov/page/roundtable-uspto-use-crowdsourcin... https://www.uspto.gov/patent/initiatives/uspto-led-executive-actions-high-tech-patent-issues https://www.uspto.gov/patent/initiatives/uspto-led-executive... https://obamawhitehouse.archives.gov/the-press-office/2014/02/20/fact-sheet-executive-actions-answering-president-s-call-strengthen-our-p https://obamawhitehouse.archives.gov/the-press-office/2014/0... In 2014 there was an executive order "focused on expanding ways for companies, experts, and the general public to help patent examiners, holders, and applicants find relevant “prior art”". (The other executive actions on that archive.gov page look interesting too.) But I can't find any info more recent than the 2014 roundtable that the USPTO held. Does anyone here know anything about this?

bbanyc 7y ago
I was an intern at USPTO a few years ago, during my failed attempt to become a patent attorney. What I saw and experienced there was a closed-minded agency with a very narrow bureaucratic focus. The only "prior art" that normally got searched was the database of previously submitted patent applications and issued patents. There was no room for bringing in outside experience or common sense. Search the database, stamp the application "accept" or "reject", move on to the next application, get as many done in the bi-week as possible. This, I realized, is how we got so many garbage patents on well-known, obvious software techniques - if nobody thought software was patentable at the time, they wouldn't have bothered filing a patent application. Years later, when software became patentable, the first vulture to think of filing could snatch up the patent and 20 years of exclusivity even though they didn't invent a thing. Given how hard it is to make any lasting change to organizational culture, not to mention that we're under a different administration now, I expect that absolutely nothing came of this 2014 roundtable and nothing will until somebody really powerful gets burnt.
- vkou 7y ago
  Powerful people don't get burnt, because they have the resources to fight this in court.
  - bbanyc 7y ago
    Ever heard of Eolas v Microsoft? Anyone can get burnt. Of course MS is a joke now, but a random troll forcing them to cripple IE plugins was a big deal at the time.
- raverbashing 7y ago
  Given that there is a financial incentive on stamping something "Accepted", it's not surprise they act in this way.

by nathcd 7y ago

bbanyc 7y ago

I was an intern at USPTO a few years ago, during my failed attempt to become a patent attorney. What I saw and experienced there was a closed-minded agency with a very narrow bureaucratic focus. The only "prior art" that normally got searched was the database of previously submitted patent applications and issued patents. There was no room for bringing in outside experience or common sense. Search the database, stamp the application "accept" or "reject", move on to the next application, get as many done in the bi-week as possible. This, I realized, is how we got so many garbage patents on well-known, obvious software techniques - if nobody thought software was patentable at the time, they wouldn't have bothered filing a patent application. Years later, when software became patentable, the first vulture to think of filing could snatch up the patent and 20 years of exclusivity even though they didn't invent a thing. Given how hard it is to make any lasting change to organizational culture, not to mention that we're under a different administration now, I expect that absolutely nothing came of this 2014 roundtable and nothing will until somebody really powerful gets burnt.

vkou 7y ago
Powerful people don't get burnt, because they have the resources to fight this in court.
- bbanyc 7y ago
  Ever heard of Eolas v Microsoft? Anyone can get burnt. Of course MS is a joke now, but a random troll forcing them to cripple IE plugins was a big deal at the time.
raverbashing 7y ago
Given that there is a financial incentive on stamping something "Accepted", it's not surprise they act in this way.