Foley Partner Antoinette Konski authored an article that appeared in InsideCounsel on November 9, 2010 titled "IP: Peer to Patent Announces Third Wave." Konski discusses a pilot program announced by the United States Patent and Trademark Office (USPTO) that would open up part of the examination process to the public. She states that access to more prior art during the patent examination process should theoretically enhance the quality of patents, but notes that increased quantity will not enhance quality if it is not more relevant than the prior art the USPTO would otherwise have uncovered internally. Konski adds that the success of the program can only be determined after the validity of the program patents are pressure-tested in court.
Click here to read the complete article.