¿Una buena idea?

En el contexto de la reforma de la legislación US, en Promote the Progress se propone que la USPTO cree un wiki donde el público pueda suministrar estado de la técnica relevante en relación con una solicitud de patente o una patente concedida.

The application text could be locked down (no need to allow editing of that). But, the “prior art” section is left wide open. Anyone can edit the section, adding references and links to prior art that the Patent Office may wish to consider during its examination. No deletion of material would be allowed, except by the Patent Office.

Here’s the beautiful part. There’s no need to limit the submission window to two months or any other arbitrary time period because the wiki could easily be worked into the normal examination workflow. For example, Examiners could consult the wiki when they perform and update their search. Also, another check of the wiki could be performed as part of the pre-issuance routine.

And it doesn’t have to end upon issuance. Third parties could continue to submit art after issuance, creating a valuable resource for any parties interested in assessing the validity of the issued patent (e.g., the Patent Office during a post-grant opposition (if implemented), a court during an infringement lawsuit, and any party assessing the economic value of a particular patent).