As explained in careful detail over at Stupid Patent of the Month, Elsevier has applied for, and been granted, a patent for online peer-review. The special sauce that persuaded the US Patent Office that this is a new invention is cascading peer review — an idea so obvious and so well-established that even The Scholarly Kitchen was writing about it as a commonplace in 2010.
Apparently this is from the actual patent. I can’t verify that at the moment, as the site hosting it seems to be down.
Well. What can this mean?
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. They certainly have previous in the courts: remember that they have brought legal action their own customers as well as threatening Academia.edu and of course trying to take Sci-Hub down.
Elsevier representatives are talking this down: Tom Reller has tweeted “There is no need for concern regarding the patent. It’s simply meant to protect our own proprietary waterfall system from being copied” — which would be fine, had their proprietary waterfall system not been itself copied from the ample prior art. Similarly, Alicia Wise has said on a public mailing list “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.” Well. Let’s hope.
But Cathy Wojewodzki, on the same list, asked the key question:
I guess our real question is Why did you patent this? What is it you hope to market or control?
We await a meaningful answer.