Click here to view the IILP 2011-2012 Annual Report.
The Institute for Information Law and Policy is New York Law School's home for the study of law, intellectual property, technology and civil liberties. This site is maintained by students at the IILP. Here you will find fun and interesting IP-related content. Feel free to ask us any questions or submit content that you think others in the IILP community would enjoy by clicking on the links below. Have a nice day!
Check out Professor James Grimmelmann’s recent testimony in front of the House of Representatives Subcommittee on Intellectual Property, Competition and the Internet in the hearing on New Technologies and Innovations in the Mobile and Online space, and the Implications for Public Policy. Watch the video here and read his written testimony here.
If you have landed at this page thinking you were going to the Peer To Patent working page (formerly www.peertopatent.org), it is because the project has completed its mission. The goal of Peer To Patent has been to demonstrate that citizen-expert could make a meaningful contribution to identifying useful prior art relevant to the examination of pending patent applications. After running two pilots in the U.S. (from 2007-2009 and 2010-2011), there can be little doubt as to the value of opening the prior art search process to volunteers. In fact, the project was so successful that the American Invents Act, signed into law in September 2011, makes provision for the U.S. Patent and Trademark Office to implement a Peer To Patent-type system. And that is just what is happening.
The USPTO is presently working on Phase I of its news third-party submissions system, a web-based portal where anyone will be able to submit prior art relevant to any pending, published patent application. You will no longer have to file prior art references in hard copy. You will no longer be prevented from providing an explanation of the relevance of the prior art (in fact, you will be expected to prior such explanation). You will no longer have to pay a fee to submit the prior art, at least for the first three references filed electronically on any one patent application (if you wish to file more than three references on an application, you will need to file the references beyond three through the traditional manual submission system and you will have to pay a fee for those references). The time for submitting prior art references will be longer than under Peer To Patent (although third-parties should make their submissions as early as possible following publication to assure the examiner has them before a first office action issues). Best of all, you will no longer be limited in the areas of technology for which prior art may be submitted. Everything is fair game! You can read more of the proposed rules around third party submissions here.
Phase I of the USPTO third-party submissions system is expected to be implemented no later than the anniversary of the signing of the AIA,