ARTICLE
13 March 2019

Taking A Tip From British Science Week

H
HLK

Contributor

HLK is a global cooperation combining Haseltine Lake Kempner LLP and HL Kempner Partnerschaft mbB and provides a full suite of IP services advising across the entire IPR Lifespan™ in all technical and scientific disciplines. With offices in London, Bristol, Munich, Leeds, Glasgow, and Guangzhou (China), HLK provides IP services across the globe. HLK’s resources and expertise are exclusively dedicated to IP protection: safeguarding the inventions, creative designs, brand identities and other innovations of its clients. HLK advises on the strategy, identification, protection, opposition and appeal, exploitation and enforcement of IP rights, and defends its clients from allegations of infringement by focusing on acquiring competitive advantage for its clients. HLK is privileged to work with some of the most exciting and forward-looking businesses in the world which are at the forefront of innovation and product development in their various spheres.
One of the highlights of British Science Week every year is the featured citizen project, which invites people across the country to give their time, attention and (usually) screen taps to an ongoing research project.
United Kingdom Intellectual Property

One of the highlights of British Science Week every year is the featured citizen project, which invites people across the country to give their time, attention and (usually) screen taps to an ongoing research project. This year is no different, with a project that's asking members of the public to wade through historical weather reports to harvest data so that it's presented in a usable format. Previous years' projects include The Plastic Tide (getting people to tag images of beaches where they see litter to form a training data set for a machine learning algorithm) and Worm Watch Lab (tracking the egg-laying behaviour of nematode worms). These projects not only provide useful data sets that are used for real world research, but also educate the citizen scientists getting involved.

This creative way of getting the public actively engaged in research got me thinking – could a similar approach be applied to patent searching? Could the power of the crowd be used to lighten the burden on patent examiners? And on the other side, could a similar project be used to educate the public about patents and intellectual property?

It turns out that I'm not the first person to have this idea (which further confirms that my choice to pursue a career as a patent attorney, rather than an inventor, was the right one). Back in 2000, Bounty Quest offered rewards for members of the public who could find prior art for a particular patent or patent application. The website brought together "bounty posters" who could list a particular patent or patent application that they wished to invalidate along with an associated bounty, and "bounty hunters", who would scour the internet (and local libraries) for relevant prior art. The website also provided hunters with a brief introduction to the patent system, explaining that an invention must be novel, non-obvious and have utility to be granted a patent in the US.

With bounties in the range of tens of thousands of dollars, it was a potentially lucrative income stream for the diligent bounty hunter. However, from a brief review of what's left of the Bounty Quest website on the Wayback Machine, it seems that the range of prior art submitted by bounty hunters against any particular patent or application was highly variable, with the prior art cited against an "Amazon 1-Click Shopping patent" ranging from published US patent applications to episodes of Star Trek.

It's not clear what happened to Bounty Quest, but the idea of crowd sourcing patent searching lives on today, with crowd-sourced searching being used to inform patent litigation, licensing and IP strategy.

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