If we change the process what happens to the prosecution history and file wrapper estoppel? How will a record be created for appeal?
[top] The “Peer-to-Patent” process is far more transparent than what exists currently. With the entire process conducted online, it will be recorded and archived in entirety. We will be better able to see the reasoning that went into a patent determination. This creates a stronger, more robust, more informed and easily accesible record for review. Rules will be developed to determine which portions of the peer review process are stored/documented as part of the prosecution history. This will be done according to the current industry standards and commonly used technology for storing and archiving electronic legal records.
