Slate reports on an initiative that uses crowdsourcing of prior art to defeat patent trolls :
"When companies are sued for patent infringement, or when they’re proactively protecting themselves from an infringement claim, they often hire a prior art search firm to look for related inventions. But such searches tend to be expensive—you usually need to hire researchers in many different countries—and not all that effective, because even professional searchers tend to miss a lot of stuff. More than a decade ago, a young patent attorney named Cheryl Milone had a flash of insight for solving this problem: “I wondered, instead of looking for a needle in a haystack, what if you could ask each piece of hay if it’s a needle?”
That might sound like some kind of riddle, but Milone’s insight has transformed patent litigation. In 2008, she foundedArticle One Partners, a firm that invites amateurs to look for prior art and rewards successful researchers with cash. Over the last few years, Article One Partners has helped hundreds of companies discover prior art to defend against “nonpracticing entities”—jargon for patent trolls—and to protect themselves in new areas of innovation."
And why does crowdsourcing result in better patent searches for clients?
"Milone cites several advantages. First, patent-search contests can attract researchers from all over the world, which is important because prior art found in any language anywhere on the planet is usually applicable in court. Second, because Article One’s search inquiries go out to a large crowd, there’s a good chance that someone in the group can solve a problem without needing to search for the solution. “That happens often, where people say, ‘Hey, I know the answer—I invented it,’ ” Milone says. Article One also encourages people of diverse professional and educational backgrounds to take part in its searches. “There’s a creative component—someone from a bio or pharma background might respond to a high-tech study, and they may come at the question very differently,” Milone says.
In September 2011, The Economist commented on impending patent reform in the form of the America Invents Act with this rejoinder :
"One of the biggest criticisms of the bill concerns the PTO’s funding, which some think should be increased so that the office can hire and keep the best examiners and so reduce a huge backlog of applications. Instead, Congress chose to multiply the alternative dispute-resolution procedures at the PTO, giving the office more work to do without a guarantee of more money. The result is a muddle as well as a missed opportunity."
It so happens that there's a way to incentivise researchers at the patent office without dipping into the public coffers (back to Slate) :
"There’s also, of course, the money and the fame. Researchers who work in traditional patent search firms don’t get much recognition for their work; the legal business is, after all, a cloistered environment. Successful members of Article One’s community, meanwhile, are toasted on the site, and there’s a spirit of intense, friendly competition among the crowd. (Because of confidentiality agreements, members can’t work together to find prior art; they’re all competing against one another.) Winning a search will get you between $5,000 and $10,000. The company also pays out 5 percent of its profits to community members."
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