CNN Money.com reported yesterday, March 28, 2007:
Initial testing for an online peer review of up to 250 patent applications is set for next week even as the program's director deflects fears that participants could be liable later for willful patent infringement.
IBM Corp. (IBM), Microsoft Corp. (MSFT) and other technology innovators have funded and agreed to public review of some software patent applications filed with the U.S. Patent and Trademark Office. Yet some engineers, attorneys and others worry whether comments on a rival's application could make them vulnerable later to willful or deliberate infringement charges.
The potential for triple damages when willful infringement is proven creates " a lot of fear," says Marc Williams, an official in IBM's governmental programs office.
Beth Noveck, the program's director, insists deliberate infringement laws apply to patents, not applications. She's a professor and director of New York Law School's Institute for Information Law & Policy, which is running the project.
General Electric Co. (GE), Hewlett-Packard Co. (HPQ), Oracle Corp. (ORCL) and Red Hat Inc. (RHT), which helped fund the project, are also participating in the program aimed at improving patent reviews. The goal is to provide government examiners with the most current and informed opinions of professional, academic and everyday experts, Noveck said earlier this week at a forum to discuss the project.
The pilot is designed for the scientific community to compile a "top 10 list" of commentary and relevant information on an application for patent examiners, Noveck said. She hopes to launch the pilot by June 1.
Read the full article here.
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