USA - Public commentary on computer technology patents

Last month the Peer-Review Pilot program for computing technology patents was launched by the U.S Patent and Trademark Office (USPTO). This program allows technical experts in the field to submit commentary in addition to prior art related to a patent before the patent is examined by the USPTO.

Previously the USPTO had not accepted commentary from the public. Under the current law the approval of the applicant must be sought before the commentary will be accepted.

Jon Dudas, director of the USPTO, explained that the purpose of this scheme is to aid in examiners finding and properly considering the most relevant information. It is hoped that the program will combat the problems with “software-related technologies where code is not easily accessible and is often not dated or well documented."

Patent applications received under this program will be assigned to an examiner immediately, in order to expedite the review of applications.

The pilot program is for one year and is described as being “just one facet of USPTO’s broader efforts to find new ways to get the best information in front of examiners.” Another program the USPTO supports is the implementation of “applicant quality submissions’ where the applicant would submit search and support documents.

Further information about the program can be found here.