Abstract
Tougher examination of patent applications reduces anti–commons effects while reducing the frequency and costs of litigation. Modelled after open source/free software collaborations, the “Peer to Patent” initiative seeks to improve the quality of patents by developing a Web–based infrastructure whereby volunteer experts external to the PTO’s review applications, assemble prior art information, and submit the results of their collective work back to the Patent Office examiner. This paper endorses the spirit and goals of the “Peer to Patent” initiative, but questions its reliance on the open source model. A discussion of the functions of peer review, the meaning of peer, and the motivations of the reviewers in different contexts indicates that editorial peer review — not open source — can provide a more effective model for integrating peer review of patent applications into PTO practices.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
