As you may recall, we took quite a bit of flack from the software developer community on Slashdot for our previous article published by Gamasutra. Some of the comments had to deal with the patent system in general, but many of the comments were directed to patent quality, or the alleged lack thereof. Yes, many people claim that the video game patents we mention are a bunch of hogwash, invalid as can be, etc., etc., etc.,

The USPTO has made overtures regarding farming out patent searches, and opening up prior art for public commentary in the hopes of improving patent quality. One web site has beat them to the punch, so it appears. aims to provide “public patent clarity” and claims to contribute to the US patent system by commenting on issued patents and (soon) published U.S. applications. The website appears to operate similarly to previous proposals, as a public sounding board for the relevance of prior art cited against a patent, and a venue to comment on the alleged validity of a patent. posts information about issued patents, and expects members of the public to provide commentary on the relevance of the prior art as it may or may not apply to the validity of the patent.

Now the question is: will the public respond? Do enough people care AND have the time to review prior art and comment on issued claims and published applications? Will members of the public even appreciate that what is described is not necessarily what a patent claims? Will patent examiners begin to use this as a resource during their examination procedures, even if informally? Will (or other sites like it) improve patent quality? There will certainly be the extremists on both sides that chime in one way or the other, but only time will tell if the site is a success…

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