Commissioner Doll on Peer-to-Patent Pilot

Listen to the Patent and Trademark Office Commissioner John Doll discuss the Peer-to-Patent pilot, which is now live. He notes the particular difficulty that examiners have in finding prior art in the software field. Consequently the pilot is limited to technology center 2100, which handles computer hardware and software applications. The goal the pilot is allow public participation to improve the quality of issued patents.Also, Comissioner Doll predicted the PTO will have a backlog of 800,000 patent applications by the end of the year despite their effort to hire 1,200 examiners.


  1. Eric Waltmire’s Blog » Reason in the Prior Art: Applicability Beyond Chemical - July 17, 2007

    […] Many, including the Patent and Trademark Office Commissioner, note the particular difficulty that examiners have in finding prior art in the software field. This difficulty is part of the motivation underlying the Peer-to-Patent Pilot, which allows the public to contribute prior art relevant to software patent applicants. If Takeda is extended to software patents, it might be difficult for challengers to identify particular pieces of prior art which evidence a suggestion to combine elements. Challengers would likely argue more flexibility is necessary in showing the prima facie case of obviousness given the nature of the software art. […]

  2. Eric Waltmire’s Blog » Peer-to-Patent Pilots in Europe - August 15, 2007

    […] a has review of the Peer-to-Patent pilot, which I reported on earlier. Beth Noveck of the New York Law School, a leader in establishing the pilot, is noted in the article saying that the UK Patent office will launch a similar pilot for UK patents. She also expects that the European Patent Office will follow with a similar project. […]

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