USCOC Recommends Peer-to-Patent

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US Chamber of Commerce Recommends Peer-to-Patent Releases Recommendations to the USPTO On October 24, the US Chamber of Commerce released its Recommendations for Consideration by the Incoming Administration Regarding the US Patent and Trademark Office.  In it, the Chamber of Commerce recommends instituting peer review in the patent examination process: "The PTO should expand the "Peer-to-Patent" pilot program.  The PTO has established a Peer-to-Patent pilot project to elicit input from members of the public and industry on the patentability of pending patent applications. While Congress has yet to enact into law expanded rights of third parties to submit prior art with commentary in published patent applications, expansion of the voluntary Peer-to-Patent project to all fields of technology is warranted to enhance examination quality." The report went on to recommend that the PTO openly invite and consider new approaches from industry and academia to enhance patent quality, namely, to: "Encourage suggestions for new techniques such as "Peer-to-Patent" and mining of confidential PTO data to develop new approaches to enhance patent quality." The report can be downloaded in its entirety here.   New Applications Available for Review on Peer-to-Patent Contribute Your Expertise to the Examination Process! Two new applications submitted by IBM are available for review at www.peertopatent.org.  The first of the new applications describes a method, information processing system, and computer readable medium for preserving privacy of data streams using dynamic correlations.  It is available for review until December 18, 2008.  Another IBM patent application, available until January 1, 2009, describes a system and method for optimizing query access to a database comprising hierarchically-organized data. There are 10 other patent applications also available for review, including Peer-to-Patent's first patent application in class 705, a business method submitted by Goldman Sachs.  The application describes systems and methods for creating and maintaining a financial ecosystem that allows for the trade of private placement securities in accordance with the requirements under the US Securities Act, the US Securities and Exchange Act, and Sarbanes-Oxley, creating a network of companies offering private securities to qualified buyers in a way that complies with all current federal financial security regulations.  It will be available for review until January 1, 2009.   Also available for review on Peer-to-Patent is a patent application from Michael Bonnet,William Baroniunas, and Center for Patent Innovations Executive Director Mark Webbink.  The invention relates to tracking and auditing intellectual property in packages of open source software and is available until December 18, 2008. Other applications currently available cover a wide spectrum of subject matter: Graphical representation of aggregated data (from Microsoft, available until November 6, 2008) Document integrity verification (from Kelce Wilson, available until November 13, 2008) Production order grouping using grouping rules (from IBM, available until November 13, 2008) Multi-dimensional serial containment process (from IBM, available until November 27, 2008) Reducing power usage in a software application (from IBM, available until November 27, 2008) Temporally relevant data placement (from Intel, available until November 27, 2008) Gesture-based communications (from Intel, available until November 27, 2008) Peer to peer network (from Microsoft, available until December 11, 2008)

www.peertopatent.org Peer-to-Patent at Albany Law School Mark Webbink, Visiting Professor of Law and Executive Director of the Center for Patent Innovations at NYLS, and Manny Schecter, Associate General Counsel and Managing Attorney, Intellectual Property Law at IBM will be at Albany Law School on Wednesday, November 5 to give a presentation on Peer-to-Patent to the Albany Law School Science and Technology Law Center (STLC) and the Tech Valley Chapter of the Licensing Executives Society (LES).  The event is open to the public.  CLE credit is available.  More details can be found here. In Re Bilski Decided On October 30 the US Court of Appeals for the Federal Circuit handed down a landmark decision in the case In re Bilski.  Notably, the court has done away with the "useful, concrete, and tangible result" test used by the court since State Street (149 F.3d 1368) was decided in 1998.  The court however made it clear that business methods and software are still patentable subject matter so long as they meet the "machine-or-transformation" test first set forth by the Supreme Court in Benson (409 U.S. 63).  The full text of this case can be downloaded here.  Peer-to-Patent in the News Daniel Engber published an article in Popular Science titled Dear Mr. President.  In it, Engber suggests ideas for improving democracy and government through technology.  It highlights Peer-to-Patent as an example of using existing technology to successfully connect the public to government decision-making.  Click here for the full article.   The October 27 issue of Information Week contains an article by David F. Carr on patent reform in which Carr discusses Peer-to-Patent as part of the answer to a constantly growing backlog of patent applications.  Click here for the full article.   Visit our press page for more.   More Info For the latest on Peer-to-Patent including news, proposals, and information on how to get involved, please visit the DoTank.

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