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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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You may apply for a patent for your invention.

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FDC

Definition:
Final Data Capture - Once the fee, any correspondence, and/or drawings are matched with the application and all requirements have been met for issuance as a patent.

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.

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