Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

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Fiore, Steve

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Aug 30, 2016, 11:23:26 PM8/30/16
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This is distressing.  Given the numerous systems I've worked with in the past, I fail to see anything really unique in the system Elsevier just patented (at least based upon the diagram).  Does this mean they're essentially "copyrighting" something that was already created (said with an ironic tone...).  In all seriousness, the question is whether they'll now try to sue any journal that has already been using something similar, or any that develop a system that will, basically, just organize/automate aspects of the peer review system (like many conferences already do).


Best,

Steve



Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

http://www.infodocket.com/2016/08/30/elsevier-awarded-u-s-patent-for-online-peer-review-system-and-method/


Online peer review system and method 

An online document management system is disclosed. In one embodiment, the online document management system comprises: one or more editorial computers operated by one or more administrators or editors, the editorial computers send invitations and manage peer review of document submissions; one or more system computers, the system computers maintain journals, records of submitted documents and user profiles, and issue notifications; and one or more user computers; the user computers submit documents or revisions to the document management system; wherein one or more of the editorial computers coordinate with one or more of the system computers to migrate one or more documents between journals maintained by the online document management system.




--------

Stephen M. Fiore, Ph.D.

Professor, Cognitives Sciences, Department of Philosophy (philosophy.cah.ucf.edu/staff.php?id=134)

Director, Cognitive Sciences Laboratory, Institute for Simulation & Training (http://csl.ist.ucf.edu/)

University of Central Florida

sfi...@ist.ucf.edu




Siegel, Vivian

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Aug 31, 2016, 10:47:08 AM8/31/16
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So this is a process for “waterfalling” - moving a submission from one journal to another - with some algorithm for recommending what other journals might be appropriate. The movement of submissions has been done for a very long time at some of the publishing houses (Cell and Nature among them) as well as with alliances among different journals (e.g., neuroscience). So I fail to see what’s novel.

If I read the patent correctly, the most troubling aspect to me is that the editors talk about the possibility of “waterfalling” the submission before the author is asked whether s/he wants the paper to be “waterfalled”. That’s been the criticism of this method in the past (where I would share information about a confidential submission in house with another editor to gauge their interest prior to offering to move the submission to that journal). It’s manipulative, and shocking (but not surprising) to see in a now patented method.

Vivian


On Aug 30, 2016, at 11:23 PM, Fiore, Steve <sfi...@ist.ucf.edu> wrote:

This is distressing.  Given the numerous systems I've worked with in the past, I fail to see anything really unique in the system Elsevier just patented (at least based upon the diagram).  Does this mean they're essentially "copyrighting" something that was already created (said with an ironic tone...).  In all seriousness, the question is whether they'll now try to sue any journal that has already been using something similar, or any that develop a system that will, basically, just organize/automate aspects of the peer review system (like many conferences already do).

Best,
Steve



Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

Online peer review system and method 
An online document management system is disclosed. In one embodiment, the online document management system comprises: one or more editorial computers operated by one or more administrators or editors, the editorial computers send invitations and manage peer review of document submissions; one or more system computers, the system computers maintain journals, records of submitted documents and user profiles, and issue notifications; and one or more user computers; the user computers submit documents or revisions to the document management system; wherein one or more of the editorial computers coordinate with one or more of the system computers to migrate one or more documents between journals maintained by the online document management system.

<pastedImage.png>

--------

Stephen M. Fiore, Ph.D.
Professor, Cognitives Sciences, Department of Philosophy (philosophy.cah.ucf.edu/staff.php?id=134)
Director, Cognitive Sciences Laboratory, Institute for Simulation & Training (http://csl.ist.ucf.edu/)
University of Central Florida



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Glenn Hampson

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Aug 31, 2016, 11:27:13 AM8/31/16
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Given that we have a number of Elsevier executives on this list who I’m sure would be happy to answer questions (or find answers), I’d like to restate these concerns in the form of a question. Specifically, Elsevier colleagues (at present Alicia, Ann, Gemma, Brad, Paul, and William)---can one of you take a crack at describing this system for the group? The patent document is dense and our interpretations of it are going to vary. Is this online peer review tool a proprietary computer/software system that will be licensed?

 

Thanks,

 

Glenn

 

Glenn Hampson

Executive Director

National Science Communication Institute (nSCI)

Program Director
Open Scholarship Initiative (OSI)

 

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Wise, Alicia (ELS-OXF)

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Aug 31, 2016, 11:45:25 AM8/31/16
to Glenn Hampson, Siegel, Vivian, Fiore, Steve, osi20...@googlegroups.com, Reller, Tom (ELS-NYC)

Hi Glenn,

 

People appear to be suggesting that we patented online peer review in an attempt to own it.  No, we just patented our own novel systems.

 

With best wishes,

Alicia



Elsevier Limited. Registered Office: The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, United Kingdom, Registration No. 1982084, Registered in England and Wales.

Vickery, Bryan

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Aug 31, 2016, 11:47:35 AM8/31/16
to Wise, Alicia (ELS-OXF), Glenn Hampson, Siegel, Vivian, Fiore, Steve, osi20...@googlegroups.com, Reller, Tom (ELS-NYC)

Hi Alicia,

 

Could someone at Elsevier highlight the parts that are novel? That would help immensely.

 

Thanks, Bryan

 

Bryan Vickery

Director, Cogent OA

Catherine Wojewodzki

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Aug 31, 2016, 12:02:22 PM8/31/16
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Alicia,

I guess our real question is Why did you patent this?  What is it you hope to market or control?

Cathy Wojewodzki
Liaison for Chemistry & Biochemistry, Chemical & Biomolecular Engineering, & Biological Sciences
Librarian & Scholarly Communication Officer
University of Delaware Library
302.831.8085

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Elsevier Limited. Registered Office: The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, United Kingdom, Registration No. 1982084, Registered in England and Wales.

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Wise, Alicia (ELS-OXF)

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Aug 31, 2016, 12:27:06 PM8/31/16
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Hi Catherine,

 

I’m told that companies patenting proprietary software is not uncommon…

 

With kind wishes,

Alicia

 

From: Catherine Wojewodzki [mailto:cat...@udel.edu]
Sent: 31 August 2016 17:02
To: Wise, Alicia (ELS-OXF) <A.W...@elsevier.com>; osi20...@googlegroups.com
Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

 

Alicia,

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Elsevier Limited. Registered Office: The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, United Kingdom, Registration No. 1982084, Registered in England and Wales.

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Jo De

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Aug 31, 2016, 12:43:53 PM8/31/16
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Some comments/observations,  (as an academic-biologist-researcher, not an intellectual property specialist--I transfer biological sequence data computationally extracted from any part of a patent document to curated databases).  What is patented as novel in a patent is what is stated in the claims section.  Anyone can more closely scrutinize and contrast the claims found in the application document for this patent (US20140006341, published by USPTO in 2014) with the claims ultimately allowed by the examiner published in the granted patent of August 30, 2016.  In summary, a novel system is claimed, complete with explanatory figures and a good review of prior work.
Joann Delenick
Intralogics/PatentVision

Éric Archambault

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Aug 31, 2016, 1:38:01 PM8/31/16
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Software is not easy to patent and the embodiment must reflect a computational challenge:

 

To be patent eligible claims to software must be  “rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks.” Of course, this patent eligible example of software patent claims is extremely relevant for business methods because a naked business method is no longer patent eligible. To have a realistic chance of being patented business methods must be tied to a particular compute technology in a meaningful and substantial way. Said another way, the business method really needs to be performed by and through a concrete and tangible system, where the system and processes are painstakingly described.

http://www.ipwatchdog.com/2015/08/29/patenting-business-methods-and-software/id=54576/

 

 

The patent has a business method look more than one “rooted in computer technology” – I wouldn’t worry so much about it as it probably wouldn’t hold in court. I don’t have my tea leaves here but I would think this patent reflects performance indicators’ induced behaviour (“We need to be more innovative and obtain patents”) or it is a defensive patent so that other parties would block Elsevier from continuing to do what it has been doing.

 

My two cents.

 

Éric

 

 

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Mike Taylor

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Aug 31, 2016, 1:40:52 PM8/31/16
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A cynic might think that this is the first step an untrustworthy company would take preparatory to filing a lot of time-wasting and resource-sapping nuisance lawsuits on its smaller, faster-moving competitors.

-- Mike.


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Elsevier Limited. Registered Office: The Boulevard, Langford Lane, Kidlington, Oxford, OX5 1GB, United Kingdom, Registration No. 1982084, Registered in England and Wales.

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Éric Archambault

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Aug 31, 2016, 1:47:55 PM8/31/16
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Elsevier doesn’t have a litigious personality. Such a change would certainly be unwelcomed by the community, and would present considerable risks in terms of PR. Not too worried about Elsevier becoming a patent troll.

 

É

 

From: Mike Taylor [mailto:mi...@indexdata.com]
Sent: August 31, 2016 1:40 PM
To: Éric Archambault <eric.arc...@science-metrix.com>
Cc: osi20...@googlegroups.com
Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

 

A cynic might think that this is the first step an untrustworthy company would take preparatory to filing a lot of time-wasting and resource-sapping nuisance lawsuits on its smaller, faster-moving competitors.

-- Mike.

 

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Mike Taylor

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Aug 31, 2016, 1:53:21 PM8/31/16
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Rebecca Kennison

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Aug 31, 2016, 2:24:34 PM8/31/16
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And I wouldn't say it would be a PR nightmare at all. I can see a customer service sales aspect to this workflow, backed by such reassuring phrases such as it is a "patented process," whereby the author doesn't need to worry about resubmitting to another journal that's been identified as being appropriate so that, unless that article turns out to be not appropriate for anyone else in the journals system, it eventually would get published without the author's needing to worry about anything but OK-ing the list. That such a service, so marketed, could be sold as a competitive advantage would be a reason to protect the process. But that's just speculation on my part, of course.

On Wed, Aug 31, 2016 at 1:52 PM, Mike Taylor <mi...@indexdata.com> wrote:

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Cheryl Ball

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Aug 31, 2016, 2:31:39 PM8/31/16
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uh, right?! I had to lol at that one, too, Mike.

c

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Éric Archambault

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Aug 31, 2016, 2:32:23 PM8/31/16
to Mike Taylor, osi20...@googlegroups.com

Mike

 

I feared that would be coming and should have been more explicit. I didn’t mean they never went into litigation – that would be impossible for a business of that size. I mean this is not one of the privileged ways to sort out problems. It’s a bit like Google, which such a strong market position, they can frequently impose their will without resorting frequently to courts.

 

É

 

From: osi20...@googlegroups.com [mailto:osi20...@googlegroups.com] On Behalf Of Mike Taylor
Sent: August 31, 2016 1:53 PM
To: Éric Archambault <eric.arc...@science-metrix.com>
Cc: osi20...@googlegroups.com
Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

 

On 31 August 2016 at 18:47, Éric Archambault <eric.arc...@science-metrix.com> wrote:

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Mike Taylor

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Aug 31, 2016, 2:56:49 PM8/31/16
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I see what you mean -- they can rely on the THREAT of litigation to
get their own way, without the inconvenience of having to actually
litigate.

Well: let's hope they're better than that. Time will tell.

-- Mike.


On 31 August 2016 at 19:32, Éric Archambault

Glenn Hampson

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Aug 31, 2016, 3:53:38 PM8/31/16
to osi20...@googlegroups.com

Hi Folks,

 

Geez---I'm not really back from vacation yet....

 

A favor please: This is not the right forum for smack talk. If you want to say bad things about publishers, libraries, OA advocates, policymakers, etc., please do this someplace else. This space is for sharing perspectives, yes, but in a respectful manner with an eye toward finding common ground and working productively toward solutions. Elsevier is a valued partner in OSI and this effort would be very much reduced if they decided it just wasn't worth their time any more to work with this group. This is your chance to sit at a new table---to actually talk to high level stakeholder representatives in this space and reach an understanding. I can appreciate that it's going to take time to get used to this process, but please try---and to those who are getting kicked in the shins, I hope you can be patient with this growth stage.

 

Thank you,

 

Glenn

 

 

Glenn Hampson

Executive Director

National Science Communication Institute (nSCI)

Program Director
Open Scholarship Initiative (OSI)

 

osi-logo-2016-25-mail

 

2320 N 137th Street | Seattle, WA 98133

(206) 417-3607 | gham...@nationalscience.org | nationalscience.org

image001.jpg

David Wojick

unread,
Aug 31, 2016, 4:27:41 PM8/31/16
to osi20...@googlegroups.com
I second the motion. The whole concept of dispassionate issue analysis entails that people leave their feelings at the door. This is not a political debate.

David
Inside Public Access

On Aug 31, 2016, at 3:53 PM, "Glenn Hampson" <gham...@nationalscience.org> wrote:

Hi Folks,

 

Geez---I'm not really back from vacation yet....

 

A favor please: This is not the right forum for smack talk. If you want to say bad things about publishers, libraries, OA advocates, policymakers, etc., please do this someplace else. This space is for sharing perspectives, yes, but in a respectful manner with an eye toward finding common ground and working productively toward solutions. Elsevier is a valued partner in OSI and this effort would be very much reduced if they decided it just wasn't worth their time any more to work with this group. This is your chance to sit at a new table---to actually talk to high level stakeholder representatives in this space and reach an understanding. I can appreciate that it's going to take time to get used to this process, but please try---and to those who are getting kicked in the shins, I hope you can be patient with this growth stage.

 

Thank you,

 

Glenn

 

 

Glenn Hampson

Executive Director

National Science Communication Institute (nSCI)

Program Director
Open Scholarship Initiative (OSI)

 

<image001.jpg>

Mike Taylor

unread,
Aug 31, 2016, 4:30:06 PM8/31/16
to David Wojick, osi20...@googlegroups.com
It's perfectly rational to look at previous bad-faith actions of
particular actor and infer that they are likely to do similar things
in future. Pretending -- to ourselves or to others -- that it's all
going to somehow be different this time is the exact opposite of
rational.

Emotion need not come into it.

-- Mike.

Scott Delman

unread,
Aug 31, 2016, 4:42:40 PM8/31/16
to David Wojick, osi20...@googlegroups.com
I third the motion. This entire thread is unproductive and only puts many of those on the listserv on the defensive, which will not get us where I suspect most of us want to be.

Scott

Mike Taylor

unread,
Aug 31, 2016, 4:45:10 PM8/31/16
to Scott Delman, David Wojick, osi20...@googlegroups.com
You don't feel that an attempt to patent online peer review will "put
many of those on the listserv on the defensive"?

-- Mike.

Scott Delman

unread,
Aug 31, 2016, 4:47:26 PM8/31/16
to Mike Taylor, David Wojick, osi20...@googlegroups.com
I'm happy to discuss offline...as I said, I don't think this thread is productive.

Scott

Mel DeSart

unread,
Aug 31, 2016, 5:12:22 PM8/31/16
to Mike Taylor, Scott Delman, David Wojick, osi20...@googlegroups.com
It is not possible for Elsevier (or anyone else for that matter) to patent online peer review. It IS possible for them (or others) to patent a particular _process_ for doing online peer review. If another entity came up with a separate online peer review process that is sufficiently different from the one that Elsevier staff conceived and patented, the second process could be patented as well.

The Engineering Library at the University of Washington is home to one of (I believe still) 84 Patent and Trademark Resource Centers in the U.S., so while I'm no _expert_ on patenting, I do have a reasonably solid background in what is and isn't patentable, and answer questions like that on a fairly regular basis..

Mel


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mel DeSart
Head, Engineering Library
Acting Head, Branch Libraries
University of Washington des...@u.washington.edu
Box 352170 voice: 206-685-8369
Seattle, WA 98195-2170 fax: 206-543-3305

“It is not written in the stars that I will always understand what is going
on -- a truism that I often find damnably annoying."

Robert A. Heinlein, from his novel "Friday"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Laurie Goodman

unread,
Aug 31, 2016, 5:26:11 PM8/31/16
to Scott Delman, David Wojick, Mike Taylor, osi20...@googlegroups.com

Until someone reads or finds out the actual details of the patent, there can't be any real discussion.

At this point we can only make conjecture about the value of patenting "this"; the possibility of it having any impact at all on the community; whether it is a frivolous or fruitful activity for the company; how this could possibly effect a move toward open scholarship;  or anything else.

I doubt, and don't expect, the folks from Elsevier in this thread to have any detailed information. as this was most likely very senior corporate and lawyer decisions and work.

We need more information.

Until then, let the smack talk continue,  it's entertaining me.

L


>> <eric.archambault@science-metrix.com> wrote:
>>
>>> Mike
>>
>>
>>
>>
>>> I feared that would be coming and should have been more explicit. I
>>
>>> didn’t mean they never went into litigation – that would be impossible
>>
>>> for a business of that size. I mean this is not one of the privileged
>>
>>> ways to sort out problems. It’s a bit like Google, which such a strong
>>
>>> market position, they can frequently impose their will without
>>
>>> resorting frequently to courts.
>>
>>
>>
>>
>>> É
>>
>>
>>
>>
>>> From: osi20...@googlegroups.com [mailto:osi2016-25@googlegroups.com]
>>
>>> On Behalf Of Mike Taylor
>>
>>> Sent: August 31, 2016 1:53 PM
>>
>>> To: Éric Archambault <eric.archambault@science-metrix.com>

>>
>>> Cc: osi20...@googlegroups.com
>>
>>> Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review
>>
>>> System and Method”
>>
>>
>>
>>
>>> On 31 August 2016 at 18:47, Éric Archambault
>>
>>> <eric.archambault@science-metrix.com> wrote:
>>
>>
>>> Elsevier doesn’t have a litigious personality.
>>
>>
>>
>>> I am surprised to hear this.
>>
>>> https://svpow.com/2012/01/27/publishers-invent-a-whole-new-form-of-evi
>>
>>> l-suing-their-customers/
>>
>>> https://svpow.com/2013/12/06/elsevier-is-taking-down-papers-from-acade
>>
>>> mia-edu/
>>
>>> https://svpow.com/2016/02/17/barbra-streisand-elsevier-and-sci-hub/
>>
>>
>>> -- Mike.
>>
>>
>>> --
>>
>>> As a public and publicly-funded effort, the conversations on this list
>>
>>> can be viewed by the public and are archived. To read this group's
>>
>>> complete listserv policy (including disclaimer and reuse information),
>>
>>> please visit http://osinitiative.org/osi-listservs.
>>
>>> ---
>>
>>> You received this message because you are subscribed to the Google
>>
>>> Groups "The Open Scholarship Initiative" group.
>>
>>> To unsubscribe from this group and stop receiving emails from it, send
>>

>>
>>> To post to this group, send email to osi20...@googlegroups.com.
>>
>>> Visit this group at https://groups.google.com/group/osi2016-25.
>>
>>> For more options, visit https://groups.google.com/d/optout.
>>
>>
>>> ________________________________
>>
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>>
>>> Checked by AVG - www.avg.com
>>
>>> Version: 2016.0.7752 / Virus Database: 4647/12899 - Release Date:
>>
>>> 08/28/16
>>
>>
>>
>> --
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Macklin, Lisa

unread,
Aug 31, 2016, 5:47:05 PM8/31/16
to Laurie Goodman, Scott Delman, David Wojick, Mike Taylor, osi20...@googlegroups.com

The actual details of the patent are easy enough to determine – see the attached from the USPTO.  One aspect of receiving a patent is that you have to publicly disclose the invention or method you are patenting. This is what was patented.  The scope of this patent does not encompass every peer review system.  I am sharing this in the spirit of relying on facts over conjecture. 

 

Cheers,

 

Lisa

 

 

Lisa A. Macklin, JD, MLS

Director, Scholarly Communications Office

Library and Information Technology Services

Emory University

Atlanta, GA 30322

 

 

 

From: <osi20...@googlegroups.com> on behalf of Laurie Goodman <lau...@gigasciencejournal.com>


Date: Wednesday, August 31, 2016 at 5:26 PM
To: Scott Delman <scott....@hq.acm.org>

Cc: David Wojick <dwo...@craigellachie.us>, Mike Taylor <mi...@indexdata.com>, "osi20...@googlegroups.com" <osi20...@googlegroups.com>
Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

 

Until someone reads or finds out the actual details of the patent, there can't be any real discussion.

>> <eric.arc...@science-metrix.com> wrote:
>>
>>> Mike
>>
>>
>>
>>
>>> I feared that would be coming and should have been more explicit. I
>>
>>> didn’t mean they never went into litigation – that would be impossible
>>
>>> for a business of that size. I mean this is not one of the privileged
>>
>>> ways to sort out problems. It’s a bit like Google, which such a strong
>>
>>> market position, they can frequently impose their will without
>>
>>> resorting frequently to courts.
>>
>>
>>
>>
>>> É
>>
>>
>>
>>
>>> From: osi20...@googlegroups.com [mailto:osi20...@googlegroups.com]
>>
>>> On Behalf Of Mike Taylor
>>
>>> Sent: August 31, 2016 1:53 PM
>>

>>> To: Éric Archambault <eric.arc...@science-metrix.com>


>>
>>> Cc: osi20...@googlegroups.com
>>
>>> Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review
>>
>>> System and Method”
>>
>>
>>
>>
>>> On 31 August 2016 at 18:47, Éric Archambault
>>
>>> <eric.arc...@science-metrix.com> wrote:
>>
>>
>>> Elsevier doesn’t have a litigious personality.
>>
>>
>>
>>> I am surprised to hear this.
>>
>>> https://svpow.com/2012/01/27/publishers-invent-a-whole-new-form-of-evi
>>
>>> l-suing-their-customers/
>>
>>> https://svpow.com/2013/12/06/elsevier-is-taking-down-papers-from-acade
>>
>>> mia-edu/
>>
>>> https://svpow.com/2016/02/17/barbra-streisand-elsevier-and-sci-hub/
>>
>>
>>> -- Mike.
>>
>>
>>> --
>>
>>> As a public and publicly-funded effort, the conversations on this list
>>
>>> can be viewed by the public and are archived. To read this group's
>>
>>> complete listserv policy (including disclaimer and reuse information),
>>
>>> please visit http://osinitiative.org/osi-listservs.
>>
>>> ---
>>
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>>
>>> Groups "The Open Scholarship Initiative" group.
>>
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>>


>>
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>>
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>>
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>>
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>>
>>
>>
>> --
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Elsevier online peer review system and method.pdf

Anthony

unread,
Aug 31, 2016, 6:00:30 PM8/31/16
to Macklin, Lisa, Laurie Goodman, Scott Delman, David Wojick, Mike Taylor, osi20...@googlegroups.com

Are the special features, whatever they are, in the two commercial systems mentioned in the patent – those of Aries and of Scholar One protected by patents?

At a quick glance the waterfall feature seems to be the main improvement. It is has been said by many for some time that it is a good thing if one journal rejects a paper all the information relating to this submission should be passed on to other journals. I take this to be what we are talking about here: an automated function which will save time. It also looks to me if there is provision for an author decision as to whether they want this transference to be put into action.

 

Anthony

Rebecca Kennison

unread,
Aug 31, 2016, 6:04:45 PM8/31/16
to Laurie Goodman, Scott Delman, David Wojick, Mike Taylor, osi20...@googlegroups.com
The patent language is available, of course, and it's clear several people (starting with Vivian, but including others, such as myself) have read the patent language and done their best to extract what is novel from what is not. Surely those comments are valuable.

All to say: not everything posted on this thread has been smack talk, but even that reaction expresses an important point of view, presented in a way that reflects the thoughts of many. I think those voices -- which, I should note, are those of actual researchers and scholars, rather than publishers -- should be respected as well.


Michael Wolfe

unread,
Aug 31, 2016, 6:06:53 PM8/31/16
to Macklin, Lisa, Laurie Goodman, Scott Delman, David Wojick, Mike Taylor, osi20...@googlegroups.com
Thanks, Lisa—a welcome addition to the thread.

Reading patents 101, lesson 1, is that a patent's scope is limited to its claims—the numbered list at the end of the document. These can be independent (standing on their own) or dependent (rising and falling with the independent claims on which they depend).

So to get the most general idea of the scope here, claims 1 and 9 are where you want to look.

Now—with the necessary caveat that this is a little outside my field—this kind of patent appears to be presently on shaky footing, and its grant by the USPTO shouldn't be confused with its ultimate validity.

>> <eric.archambault@science-metrix.com> wrote:
>>
>>> Mike
>>
>>
>>
>>
>>> I feared that would be coming and should have been more explicit. I
>>
>>> didn’t mean they never went into litigation – that would be impossible
>>
>>> for a business of that size. I mean this is not one of the privileged
>>
>>> ways to sort out problems. It’s a bit like Google, which such a strong
>>
>>> market position, they can frequently impose their will without
>>
>>> resorting frequently to courts.
>>
>>
>>
>>
>>> É
>>
>>
>>
>>
>>> From: osi20...@googlegroups.com [mailto:osi2016-25@googlegroups.com]
>>
>>> On Behalf Of Mike Taylor
>>
>>> Sent: August 31, 2016 1:53 PM
>>

>>> To: Éric Archambault <eric.archambault@science-metrix.com>


>>
>>> Cc: osi20...@googlegroups.com
>>
>>> Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review
>>
>>> System and Method”
>>
>>
>>
>>
>>> On 31 August 2016 at 18:47, Éric Archambault
>>
>>> <eric.archambault@science-metrix.com> wrote:
>>
>>
>>> Elsevier doesn’t have a litigious personality.
>>
>>
>>
>>> I am surprised to hear this.
>>
>>> https://svpow.com/2012/01/27/publishers-invent-a-whole-new-form-of-evi
>>
>>> l-suing-their-customers/
>>
>>> https://svpow.com/2013/12/06/elsevier-is-taking-down-papers-from-acade
>>
>>> mia-edu/
>>
>>> https://svpow.com/2016/02/17/barbra-streisand-elsevier-and-sci-hub/
>>
>>
>>> -- Mike.
>>
>>
>>> --
>>
>>> As a public and publicly-funded effort, the conversations on this list
>>
>>> can be viewed by the public and are archived. To read this group's
>>
>>> complete listserv policy (including disclaimer and reuse information),
>>
>>> please visit http://osinitiative.org/osi-listservs.
>>
>>> ---
>>
>>> You received this message because you are subscribed to the Google
>>
>>> Groups "The Open Scholarship Initiative" group.
>>
>>> To unsubscribe from this group and stop receiving emails from it, send
>>


>>
>>> To post to this group, send email to osi20...@googlegroups.com.
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>>> Visit this group at https://groups.google.com/group/osi2016-25.
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>>> For more options, visit https://groups.google.com/d/optout.
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>>
>>> ________________________________
>>
>>
>>> No virus found in this message.
>>
>>> Checked by AVG - www.avg.com
>>
>>> Version: 2016.0.7752 / Virus Database: 4647/12899 - Release Date:
>>
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>>
>>
>>
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Rebecca Kennison

unread,
Aug 31, 2016, 6:08:23 PM8/31/16
to Anthony, Macklin, Lisa, Laurie Goodman, Scott Delman, David Wojick, Mike Taylor, The Open Scholarship Initiative
Agreed. As -- indeed -- I pointed out already. And as Vivian also noted, at the very beginning of this thread, the concern, if any, is not in the process per se but where in the process the author is involved.

>> <eric.archambault@science-metrix.com> wrote:
>>
>>> Mike
>>
>>
>>
>>
>>> I feared that would be coming and should have been more explicit. I
>>
>>> didn’t mean they never went into litigation – that would be impossible

>>
>>> for a business of that size. I mean this is not one of the privileged
>>
>>> ways to sort out problems. It’s a bit like Google, which such a strong
>>
>>> market position, they can frequently impose their will without
>>
>>> resorting frequently to courts.
>>
>>
>>
>>
>>> É

>>
>>
>>
>>

>>> From: osi20...@googlegroups.com [mailto:osi2016-25@googlegroups.com]
>>
>>> On Behalf Of Mike Taylor
>>
>>> Sent: August 31, 2016 1:53 PM
>>

>>> To: Éric Archambault <eric.archambault@science-metrix.com>


>>
>>> Cc: osi20...@googlegroups.com
>>
>>> Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review


>>
>>> System and Method”
>>
>>
>>
>>
>>> On 31 August 2016 at 18:47, Éric Archambault
>>
>>> <eric.archambault@science-metrix.com> wrote:
>>
>>
>>> Elsevier doesn’t have a litigious personality.

>>
>>
>>
>>> I am surprised to hear this.
>>

>>> https://svpow.com/2012/01/27/publishers-invent-a-whole-new-form-of-evi
>>
>>> l-suing-their-customers/
>>
>>> https://svpow.com/2013/12/06/elsevier-is-taking-down-papers-from-acade
>>
>>> mia-edu/
>>
>>> https://svpow.com/2016/02/17/barbra-streisand-elsevier-and-sci-hub/
>>
>>
>>> -- Mike.
>>
>>
>>> --
>>
>>> As a public and publicly-funded effort, the conversations on this list
>>
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Anthony

unread,
Aug 31, 2016, 6:15:09 PM8/31/16
to Rebecca Kennison, Macklin, Lisa, Laurie Goodman, Scott Delman, David Wojick, Mike Taylor, The Open Scholarship Initiative

Apologies Rebecca. It looks as if I missed some emails at the beginning of the thread.

I know that BMC have had this feature for some time and I take it that their authors have to accept (on submission?) a passing on to another/other journals. Is there anyone who can confirm?

Anthony

 

From: osi20...@googlegroups.com [mailto:osi20...@googlegroups.com] On Behalf Of Rebecca Kennison
Sent: 31 August 2016 23:08
To: Anthony
Cc: Macklin, Lisa; Laurie Goodman; Scott Delman; David Wojick; Mike Taylor; The Open Scholarship Initiative
Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review System and Method”

 

Agreed. As -- indeed -- I pointed out already. And as Vivian also noted, at the very beginning of this thread, the concern, if any, is not in the process per se but where in the process the author is involved.

 

On Wed, Aug 31, 2016 at 6:00 PM, Anthony <anthony....@btinternet.com> wrote:

Are the special features, whatever they are, in the two commercial systems mentioned in the patent – those of Aries and of Scholar One protected by patents?

At a quick glance the waterfall feature seems to be the main improvement. It is has been said by many for some time that it is a good thing if one journal rejects a paper all the information relating to this submission should be passed on to other journals. I take this to be what we are talking about here: an automated function which will save time. It also looks to me if there is provision for an author decision as to whether they want this transference to be put into action.

 

Anthony

 

>> <eric.arc...@science-metrix.com> wrote:
>>
>>> Mike
>>
>>
>>
>>
>>> I feared that would be coming and should have been more explicit. I
>>
>>> didn’t mean they never went into litigation – that would be impossible

>>
>>> for a business of that size. I mean this is not one of the privileged
>>
>>> ways to sort out problems. It’s a bit like Google, which such a strong
>>
>>> market position, they can frequently impose their will without
>>
>>> resorting frequently to courts.
>>
>>
>>
>>
>>> É

>>
>>
>>
>>

>>> From: osi20...@googlegroups.com [mailto:osi20...@googlegroups.com]
>>
>>> On Behalf Of Mike Taylor
>>
>>> Sent: August 31, 2016 1:53 PM
>>

>>> To: Éric Archambault <eric.arc...@science-metrix.com>


>>
>>> Cc: osi20...@googlegroups.com
>>
>>> Subject: Re: Elsevier Awarded U.S. Patent For “Online Peer Review


>>
>>> System and Method”
>>
>>
>>
>>
>>> On 31 August 2016 at 18:47, Éric Archambault
>>
>>> <eric.arc...@science-metrix.com> wrote:
>>
>>
>>> Elsevier doesn’t have a litigious personality.

>>
>>
>>
>>> I am surprised to hear this.
>>

>>> https://svpow.com/2012/01/27/publishers-invent-a-whole-new-form-of-evi
>>
>>> l-suing-their-customers/
>>
>>> https://svpow.com/2013/12/06/elsevier-is-taking-down-papers-from-acade
>>
>>> mia-edu/
>>
>>> https://svpow.com/2016/02/17/barbra-streisand-elsevier-and-sci-hub/
>>
>>
>>> -- Mike.
>>
>>
>>> --
>>
>>> As a public and publicly-funded effort, the conversations on this list
>>
>>> can be viewed by the public and are archived. To read this group's
>>
>>> complete listserv policy (including disclaimer and reuse information),
>>
>>> please visit http://osinitiative.org/osi-listservs.
>>
>>> ---
>>
>>> You received this message because you are subscribed to the Google
>>
>>> Groups "The Open Scholarship Initiative" group.
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>>


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>>
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>>
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>>
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>>
>>
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