This seems like a good exercise for non-patenting academics to learn WHY our 218 year old patent system is the most productive and admired In the world.
WHY THE AMERICAN PATENT SYSTEM WORKS
The purpose of the American patent system is to grant a limited, short term, monopoly, if an inventor FULLY describes and disclosed his or her invention. The Patent Application description of the invention is to advance the art and TEACH it so that others can build upon and improve upon it. BUT – under the terms of the constitution --- “Congress shall have the power to promote the progress of useful arts by securing for limited times to authors and inventors the EXCLUSIVE right to their respective writings and discoveries.” Which has meant, for over 200 years, the deal with the PTO (U.S. Government) was – You, the inventor – disclose – and we the PTO HIDES, ‘Secures and PROTECTS your disclosure, unless and until patent protection is or is not granted. If granted – the “protected” patent is published and the information is disclosed to the world for its enlightenment and as a basis for improvement by others to extend the technology to greater heights of development.
And if a patent protection is NOT granted – the information will remain secret for the inventor to either provide information that may become a more suitable patent – or, for it to remain a trade SECRET which can be used by the inventor. But it is NOT to be published for the world to see and steal.
THAT is what the American Patent system is all about. And THAT is why it is and has worked so successfully for so long. And – why America is STILL the technological leader of the world.
WHAT IS A “PEER” TO AN INVENTOR, INDEPENDENT OR OTHERWISE?
First off --- it is NOT an academic who is NOT an inventor. Because he/she did NOT invent the invention to be poked, prodded and “peered” into, by those incapable of or unable to have conceived it in the first place.
Second -- it is not even another independent inventor – because he/she clearly had not had the foresight, insight and skill for creating the invention to be prodded, poked and “peered.” And HINDSIGHT is Not the same thing as the creative process.
Third --- it may have to remain the job of the qualified, professional U.S. Patent examiner who, among other things --- is a quasi-fiduciary government agent, whose job it is to serve, search, secure and/or reject and protect the subject patent application from disclosure to the world at large. Strangely --- this peer pushing proposal does everything sdrawkcab (“backwards” for those who have not had the pleasure of setting type in the good old pre-computer days.)
To put this in a more easily understandable way – this “peering” under the skirt or kilt of an unprotected patent application, would be like publishing your private financial information – bank accounts, passwords and mother’s maiden names – for the internet world to see and steal. Would any sane dear peer pusher, do that?
In fact this is EVEN WORSE than the madness of Senate Bill S.1145 which proposes to mandate the publication of all U.S. Patent applications – only 18 months after the application is filed – despite the usual 33 month (or more) gestation period from application to patent..
Below is one of my original cartoons that may help you visualize just how dangerous is unprotected, Premature, pre-Patent-publishing of applications to the world at large.

OR

In fact – the proposed “Peer to Peer” disclosure would weaken our world-leading patent system even BEFORE the madness of S.1145 would toss our now secret patent applications to the WORLD WIDE WOLVES TO DEVOUR!
