Invalidity Begins At Home

In what we hope will come as a refreshing change of pace, today’s blog features neither a legislative amendment nor a judicial opinion, but, rather, a recent article in Slate.com relating to the success of Article One Partners, a firm that has turned the traditional world of prior art searches on its head.

The phrase “prior art searches” means just what it sounds like: a search for descriptions of the invention that pre–date a problematic patent, which render the patent itself invalid (hard to invent something that’s already been invented). But searching for prior art, often at least two decades old, through hard–to–navigate databases and across the world can be a difficult task for even specialized search firms. And with difficulty, comes expense.

That’s where Article One Partners comes in, an entity taking advantage of the global communication network to develop a more grass roots approach to prior art searching. According to their website, clients post requests (or studies online) and the research community searches for prior art and responds. Winner gets a prize—so far, more than $2,000,000 has been awarded.

The model appears to be as successful as it is simple. Slate’s report of the current top earner, a former computer network administrator and current new mother, is a story noteworthy for both its human–interest element and for what it says about the future of prior art searches. When it comes to prior art, strength lies in numbers. And an army of Davids may be more effective than hiring a single Goliath to conduct your search.

Posted by Stacy Stitham