Peer To Patent Applicant Guidelines

Peer To Patent

Peer To Patent Pilot (the “Pilot”) tests the success of open, public participation in finding and submitting prior art and comments to the United States Patent and Trademark Office (USPTO) in connection with published patent applications.

The USPTO announced the the FY2011 Peer To Patent Pilot on October 16, 2010. This second Pilot will accept for open review up to 1000 patent applications, with a percentage of slots reserved for small entities.  The Pilot will be open for applications beginning October 25, 2010 and continuing until September 30, 2011. The USPTO may further expand or extend the Pilot at its discretion.

All patent applications in the Pilot must be for inventions classified in one of the following patent classes/subclasses:

Listing of classes and subclasses qualified for the FY2011 Pilot

Class 380         Class 711
Class 702         Class 712
Class 703         Class 713
Class 705         Class 714
Class 706         Class 715
Class 707         Class 717
Class 708         Class 718
Class 709         Class 726
Class 710

Art assigned to 1611, 1612, 1615, 1616, 1618 and 1619:
Class/Subclass:
424/1.11 – 10.4, 78.02 – 78.38, 464-482, 400, 402-502, 43-47, 48, 49-58, 59-65, 61-64, 69-78.38, 600-724;
504/all;
514/65-975, 772.1-772.7, 788.1
534/10-16.

Art assigned to 1621, 1623, 1624, 1625 and 1626:
Class/Subclass:
260/1, 665B, 665R;
518/ALL;         514/23-43, 45-62;
532/ALL;         536/1.11-22.1, 25.1-128
554/ALL;         540/ALL
556/ALL;         544/ALL
560/ALL;         546/ALL
562/ALL;         549/1-251, 356-366, 369-428, 432-455
568/ALL;         570/ALL;
987/ALL.

Art assigned to 1631:
435/DIG 51;
702/19-32;
703/11,12
Prospective applicants should review the USPTO Official Gazette notices, detailing the full requirements, available on the USPTO Web site at:  http://www.uspto.gov/patents/init_events/peerpriorartpilotindex.jsp
Additional information can be obtained by e-mailing info@www.peertopatent.org
Prospective Applicant Requirements

Consent:  Applicants wishing to participate in Community Patent Review are required to submit a signed “Consent to Participate in Community Patent Review Pilot” form (the “Consent”). The Consent may be obtained from the USPTO website by clicking here.

Petition to Make Special:  Applicants who execute the Consent will have their applications advanced out of turn for examination pursuant to the Patent Rules.

Comments:  Participation in the Pilot requires applicants to consent to receive pre-issuance commentary by third parties for four months from the date of publication. The Pilot will forward 6 prior art submissions as submitted and chosen by the public via the Peer-to-Patent Web site. Only comments directly relating to prior art submissions and claims will be reviewed by the USPTO.

Fee Waived for Public Submitters:  To encourage participation in the Pilot, the USPTO will waive the fee for submissions by third parties through Peer-to-Patent.

Timing for Community Review and Prior Art/Comments Submissions:  Participating applications will be open for review by the public for three months from the date of posting and no more than four months from the date of pubication. Early publication is permitted. Applicants are encouraged to plan ahead and submit their requests to participate to the USPTO at least three months prior to anticipated publication.

Early Publication:  Prospective applicants may request early publication under the rules of the USPTO. Generally, early publication takes 10 weeks to process. More information is available at http://www.uspto.gov/patents/init_events/peerpriorartpilotindex.jsp

Acceptance Required:  An application will be reviewed by the USPTO to determine if it is classified and assigned to one of the above referenced classes/subclasses.   The USPTO will only accept the first 1000 applications for which consents are submitted.

The size and scope of the Peer To Patent Pilot may be expanded as resources permit. Nothing about participation or the failure to participate in the Pilot limits the public’s right to submit prior art under Rule 1.99.

Notification:  Applicants will be notified within 30 days of their submission of the executed Consent whether they have been accepted for the Pilot and the anticipated start and end dates for online publication on the Peer To Patent Web site. Applications not accepted for the Pilot will not be eligible to be examined out of turn.

Maximum Number of Applications:  No more than 25 applications from the same inventor and/or assignee may be submitted. If an applicant submits a patent application which does not for any reason get forwarded to the USPTO through the Pilot, this application will not count against the applicant’s limit on number of applications for the Pilot. The order of patent applications to be posted to the Peer-to-Patent Web site will be selected at random, except that some slots may be reserved for patent applicants with fewer than 50 issuing patents annually. The number of applications will be chosen with a view towards overall Pilot effectiveness.

Additional Material from Applicants:  Applicants may, at their own discretion, provide a short audio, video, or text memorandum to public reviewers specifying issues that merit pubic review and study to post on the Peer-to-Patent Web site. The content of this additional material is to be worked out consensually in collaboration with the Pilot administrators. Applicants are not required to provide this additional memorandum.