Monday, March 7, 2011

Hidden non patent references

 This is no more than a note, born from a email exchange with Éric Archambault from Science Metrix.
 He was raising a question: do patstat count ALL non patent references listed in the patent?
 
Let's take as example patent USPTO  6365360 :
Table TLS214 lists 38 NPL references, those listed in the first pages of the patent.
It does not count the one 'hidden' in the body of the patent. We may see these 2:
 
 page 15:

These synthetic mRNAs are injected into Xenopus oocytes (stage 5-6) by standard procedures [Gurdon, J. B. and Wickens, M. D. Methods in Enzymol. 101: 370-386, (1983)]. Oocytes are harvested and analyzed for IP expression as described below.

Page 16:
and 9016 or other CMV promoter vectors, co-transfected with pDLAT-3 containing the thymidine kinase gene [Colbere and Garopin, F., Proc. Natl. Acad. Sci. 76: 3755 (1979)] in APRT and TK deficient L cells, selected in APRT (0.05 mM azaserine, 0.1 mM adenine, 4 ug/ml adenosine) and amplified with HAT (100 uM hypoxanthine, 0.4 uM aminopterin, 16 uM thymidine).

So, the answer is: NO,  in patstat table TLS214 we have only those listed in the 'reference cited' chapter...
this means that, if the examiner believes that such applicant's references are relevant, they will be listed, otherwise not.

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