4 research outputs found

    A Critique of In Re Bilski

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    A Comprehensive Review and Synthesis of Open Source Research

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    The open source movement has grown steadily and matured in recent years, and this growth has been mirrored by a rise in open source related research. The objective of this paper is to pause and reflect on the state of the field. We start by conducting a comprehensive literature review of open source research, and organize the resulting 618 peer-reviewed articles into a taxonomy. Elements of this taxonomy are defined and described. We then draw on a number of existing categorization schemes to develop a framework to situate open source research within a wider nomological network. Building on concepts from systems theory, we propose a holistic framework of open source research. This framework incorporates current research, as represented by the taxonomy, identifies gaps and areas of overlap, and charts a path for future work

    Bringing peer review to patents

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    Tougher examination of patent applications reduces anti–commons effects while reducing the frequency and costs of litigation. Modelled after open source/free software collaborations, the “Peer to Patent” initiative seeks to improve the quality of patents by developing a Web–based infrastructure whereby volunteer experts external to the PTO’s review applications, assemble prior art information, and submit the results of their collective work back to the Patent Office examiner. This paper endorses the spirit and goals of the “Peer to Patent” initiative, but questions its reliance on the open source model. A discussion of the functions of peer review, the meaning of peer, and the motivations of the reviewers in different contexts indicates that editorial peer review — not open source — can provide a more effective model for integrating peer review of patent applications into PTO practices
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