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Uspto Partners With Open Source Community To Expand Patent Examiner Access To Software Code



The Department of Commerce’s United States Patent and Trademark Office (USPTO) has created a partnership with the open source community to ensure that patent examiners have access to all available prior art relating to software code during the patent examination process.

Last month, USPTO representatives met with members of the open source software community, which provided an opportunity for members to discuss with the USPTO issues related to software patent quality. The meeting focused on getting the best prior art references to the examiner during the initial examination process.

The group agreed to improve prior art resources available to the USPTO; to develop a system to alert the public when USPTO publishes certain software-related applications so that interested parties can submit related prior art in accordance with relevant rules and law; and, to explore developing additional criteria for measuring the quality of software patents.

“For years now, we have been hearing

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Did You Know?

There is a time limit on patent protection.

For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

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US Commerce Department's New Internet Patent and Trademarks ...

Patenting By Geographic Region (NEW JERSEY), Breakout By ...

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United States Patent And Trademark Office

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11/5/97 BLM Final Rule 43 CFR 1860--Patent Preparation and Issuance

 Helpful Patent Terms
Doctrine Of Equivalents

Definition:
A judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims.

Drawing

Definition:
Patent drawings must show every feature of the invention as specified in the claims. Omission of drawings may cause an application to be considered incomplete.

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