Wednesday, March 28, 2007

Patent Issued in 6 Months!

"Perhaps you have been lying awake worrying that your software patent on bubble sort might spend too much time being "examined" or "peer reviewed". You will be pleased to know that the US Patent and Trademark Office has launched their accelerated review process. "Applicants' submissions enjoy a presumption of patentability" says the patent office. Applicants are also responsible for disclosing any prior art."

Article Link (Slashdot)

To be eligible for accelerated examination, applicants are required to
provide specific information, known as an examiner support document, so
that review of the application can be completed rapidly and accurately.
In return, the USPTO issues a final decision by the examiner within 12
months on whether their application for a patent will be granted or

Applicants have a duty to disclose to the USPTO relevant prior art of
which they are aware. However, applicants are not required to search
for prior art. Under the USPTO's accelerated examination procedure,
applicants are required to conduct a search of the prior art, to submit
all prior art that is closest to their invention, and explain what the
prior art teaches and how their invention is different.

In addition to providing and explaining any prior art references,
applicants must explicitly state how their invention is useful and must
show how the written description supports the claimed invention.

Under the accelerated examination program, the number of claims allowed
in each application is limited and time periods for responding to most
USPTO communications are shortened.

Article Link (USPTO)

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