The Patent Files: Is peer-to-patent the answer?

International

Alasdair Poore wonders whether utilising crowd sourcing is the best way to tackle the back log of unexamined patent applications

Crowd sourcing, "peer-to-patent", and third party observations¹ are three ways to bring "hidden" prior art to the attention of the patent office. The aim is that patents will be better examined and, for the applicant, stronger.

Peer-to-patent has been piloted in several patent offices. The reports show considerable impact. However, while the UK pilot is still to be completed, and the second US trial has only just closed, based on the reported trials, it is unlikely that peer-to-patent processes will in fact expose patent applications to wide spread scrutiny by those skilled in the art. In that sense, the process will be of doubtful utility. It is unlikely that it will result in uniformly higher standards of examination across all patent applications.