PeerToPatent.org Event Redux

With billing issues on my mind, I failed to write up the PeerToPatent.org event yesterday. It was a pretty good event which wasn't as well attended as I hoped - while [w:SecondLife] seems to be full of people who want to save the world, maybe people don't see the issue of [w:Patent] law as something which affects them. But it does.

The event itself seemed to be going well - I had to leave after an hour¹. Still, the push of what PeerToPatent.org is very sensible: Peer review of patents before they are granted. It really is a big deal, since it allows prior art claims before the patent is issued. In plain language, this means it is less likely that other people's stuff will get patented. Yes, this is a problem though you don't hear much about it. Of course, you wouldn't - it is advantageous for patent-happy folks to patent things without proper searches.

Some examples

Consider that the patent system is so strange that patented a fruit accidentally² 3 years ago. Strangely, it was an apple:

...Microsoft, amid an IP spree that has won the company patent protection for everything from XML dialects to video game storage methods, mistakenly received a patent on Tuesday for a new variety of apple tree.

U.S. Plant Patent 14,757, granted to Robert Burchinal of East Wenatchee, Wash., and assigned to Microsoft, covers a new type of tree discovered in the early 1990s in the Wenatchee area, a major commercial apple-growing region. Dubbed the "Burchinal Red Delicious," the tree is notable for producing fruit that achieves a deep red color significantly earlier than other varieties. It is sold commercially as the "Adams Apple."

According to the patent, there are currently about 1,000 samples of the tree growing in the area of Wenatchee, a rural town about 90 miles east of Microsoft's home base of Redmond.

Other than the assignee field, the patent makes no reference to Microsoft to explain the software giant's apparent new horticultural interest.

Burchinal declined to comment on the patent, but a member of his household said the Microsoft assignation was likely an error.

A Microsoft representative confirmed that the assigning of the patent to the company was a mistake, after the apple paperwork was misfiled with a group of applications from a legal firm commonly used by the software giant. Microsoft has filed with the Patent Office for a certificate of correction to re-assign the patent to Burchinal, the representative said.

Well, how do you like them apples?

Another example: In 2001, the wheel was patented in Australia. Talk about late bloomers, right? Well, it was intended to show a flaw in the system:

...An Australian man has been issued with an innovation patent for the wheel after setting out to test the workability of a new national patent system.

John Keogh was issued the innovation patent for a "circular transportation facilitation device" under a patent system introduced in May 2001.

The innovation patent is designed to provide a quick, easy and cheap alternative to a traditional patent for small businesses. It replaces the petty patent in Australia and is even easier to process. Applications for innovation patents can even be made online.

While a standard patent must be drafted by a lawyer with engineering or science qualifications and must also demonstrate a significant advance, the innovation patent need only to show an advance.

Keogh, who is a freelance patent lawyer himself, says that he applied for the patent in order to test this new class of new patents. He says that innovation patents are not examined in detail by the Australian patent office.

"The patent office would be required to issue a patent for everything," he told The Age newspaper. "All they're doing is putting a rubber stamp on it."...

But wait, there's more! On international levels, patents remain a problem. Consider the case of the Enola Bean, a case which somehow fell out of the public eye after 1999. As the story goes, an American bred some beans which he originally got from [w:Mexico] and patented his work based on their color - then turned around and accused Mexican farmers (those super-rich people) of [w:Biopiracy]³. [w:Vandana Shiva] has a lot to say about patents and 'prior art' in the context of the poor.

The beauty of fiction is that it has to make sense. Not so with Patent Law. Therefore, Patent Law must be real.

So How Can PeerToPatent.org Help?

This is the first initiative which allows people to review patents before a patent is issued. The discussions were nice and thoughtful, though I must admit that I tend to think more in the context of prior art of those who cannot afford lawyers and paperwork to patent things which they have used for generations. Some ideas were tossed out while I was there, and I tried to balance it tastefully. The main thing I was interested in was that it is intended to become international.

The main thrust of PeerToPatent right now is to let people know, and to gain participants. While reviewing patents seems like a bad way to spend a weekend, it might be a solution for many people who might otherwise end up in litigation with international corporations - or worse, not be able to afford the litigation. It is a worthwhile cause.

This is expected to be used a lot for [w:software patent]s - which, by themselves, are a cause for concern for many - and probably should be more of a cause for concern for software users, as they can increase the cost of software without commensurately increasing the value of the software itself.

All in all - it is worth looking into for everyone. I'm sorry that I couldn't stay for the whole thing, but I think I got the main point of it - and hopefully you will too.

¹ Unfortunately, a bit of time was used explaining to people how to sit and use their movie player. While I understand that these things could be made easier, there is a burden on users attending events in SecondLife to get used to the client beforehand. Someone put the word out, ok? You can't just bop into SecondLife and not prepare, even if to attend a conference. I'd go so far as to say that it is poor SL ettiquette.

²Hmm. Isn't there a CNET office in SecondLife? I'm surprised CNET didn't show up. I'm also surprised I didn't see any IBMers either - IBM has a strong patent culture which is used to leverage other companies.

³ An additional post here, with more references.