Patent Office Program To Speed Computer Tech

coondoggie writes "Looking to address critics, the US Patent and Trademark Office this week is starting a program to speed up and improve the review of computer hardware and software technologies. The agency is set to launch a peer-review pilot project that will give technical experts in computer technology, for the first time, the opportunity to submit technical reports relevant to the claims of a published patent application before an examiner reviews it. The idea is to get as much knowledge about a particular claim in front of an examiner as quickly as possible so they can make a decision faster, the agency said. IBM, Microsoft, General Electric, Hewlett-Packard, CA, and Red Hat have already agreed to review some software patent applications for the one-year community review project. Intel, Sun, Oracle, Yahoo, and others are also part of the project. The pilot is a joint initiative with the Community Patent Review Project, organized by the New York Law School's Institute for Information and Policy.

Re:Suggested Improvement

[mr_death]

Realize that software is not a patentable innovation.

At least in the US, the courts have ruled differently. Imagine the absurdity of Ron Rivest being granted a patent on the hardware version of RSA, but not the software version. Both are the same truly innovative system, yet there are those that argue that the software version is somehow less worthy of protection.

Re:Submarine Patents

[roseanne]

First to file doesn't mean you can steal ideas. You still have to show independent invention. If you're a startup discussing any plans with MS, you really should get some papers signed, if only to leave a paper trail to show that MS was aware of your tech, thereby damaging their ability to claim independent invention.

Re:What a great idea!

[theantipop]

You can always request reexamination [yarbroughlaw.com] of an issued patent.

I'll do a "study!"

[mrchaotica]

Studies for a bit...

Nope, software is still just math, so it's not patentable. And it's already covered by copyright, so it's doubly not patentable!

What more evidence do you need?

Re:Foxes and henhouses

[theantipop]

Sign up [peertopatent.org] to be a peer reviewer. I can't seem to find what kind of requirements exist to be able to participate in this, but it couldn't hurt to register if you feel this is important.

Re:Foxes and henhouses

[eggnoglatte]

What on earth are you talking about? Patent applications are already published on the USPTO website. The whole idea behind the patenting process is that the full method needs to be disclosed at a level suficient for reproduction. If you want a trade secret then don't patent waht you are doing!