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Uspto Partners With Open Source Community To Expand Patent Examiner Access To Software Code



The Department of Commerce’s United States Patent and Trademark Office (USPTO) has created a partnership with the open source community to ensure that patent examiners have access to all available prior art relating to software code during the patent examination process.

Last month, USPTO representatives met with members of the open source software community, which provided an opportunity for members to discuss with the USPTO issues related to software patent quality. The meeting focused on getting the best prior art references to the examiner during the initial examination process.

The group agreed to improve prior art resources available to the USPTO; to develop a system to alert the public when USPTO publishes certain software-related applications so that interested parties can submit related prior art in accordance with relevant rules and law; and, to explore developing additional criteria for measuring the quality of software patents.

“For years now, we have been hearing

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Did You Know?

A patent protects your invention.

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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Common Inventor

Definition:
An inventor whose name is listed on multiple patent applications or granted patents, making the inventions at least partially the work of the same person.

Invention

Definition:
Any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable.

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