IPA patent 6.1.12.5.6-citing-patent-documents-retrieved-from-abs — IP Australia Patent Manual of Practice and Procedure – 6.1.12.5.6 Citing patent Documents Retrieved from AbS

Also in this Chapter: 6.1.12.5.1 Selection of Documents Considered to be Relevant 6.1.12.5.2 Citation Category 6.1.12.5.3 Citation of Prior Art Documents 6.1.12.5.4 Citation of URLs 6.1.12.5.5 Citation Examples ​​​​​​​ 6.1.12.5.7 Relevant Claim Numbers 1. EPODOC Abstracts When using AbS, the abstract data that is viewed in AbS is an enriched abstract in that it can include data from EPODOC, DOCDB and WPI. The data can vary between patent families and will depend upon the information available to the EPO and the contractual arrangements IP Australia has in place. For most patent families filed after 1990, one should expect to see a mixture of EPODOC and WPI information ('fragments'). Consequently, care should be taken to determine what disclosure is being relied upon when citing abstract information as it may contain both EPODOC and WPI data. If the EPODOC abstract is the sole record being cited, then either: a copy of the abstract should be retrieved from EspaceNet and placed in COMPASS, or ensure only the EPODOC abstract data is visible in AbS and copy/paste into a Word document and store on COMPASS. Note: AbS abstract data that includes proprietary WPI information should not be provided to the applicant. A. English Language Citations of English patent documents: All English language abstracts of the English language patent documents (e.g US, AU, CA) viewed in AbS are identical to the publicly available abstracts of the published patents to which they correspond. Therefore, when citing such abstracts viewed in AbS, the current practice of citing an English patent should be maintained. For example: X WO 1981/001617 A1 (BOLINDEN AB) 11 June 1981 Abstract 1-10 B. English Language Citations of foreign language patent documents: Japanese Citations: The following format is the preferred format for citing English abstracts of the Japanese patent documents viewed in AbS in the text format: X JP 2005-018678 A (CASIO COMPUTER CO. LTD.) 20 January 2005, English abstract retrieved from EPODOC database Abstract 1-10 Older Japanese documents may not have an English language abstract, but may have an English language description. In the event the abstract is to be cited then a copy can be retrieved from the JPO website and marked as “Patents Abstracts of Japan”: X JP H 05071200 A (MIYAKE SOUICHI) 23 March 1993, Patent Abstracts of Japan Abstract 1-10 German Citations: The following format is the preferred format for citing English abstracts of the German patent documents viewed in AbS: X DE 102007003337 A1 (VOLKSWAGEN AG) 24 July 2008, English abstract retrieved from EPODOC database Abstract 1-10 Korean Citations: Note that most (if not all) published Korean applications have the prefix ‘10’ at the beginning of the publication number. When viewing these documents in the AbS results list and in the text bibliographic information, the publication number will be shown without the ‘10’ prefix. The full publication number including the ‘10’ prefix will be visible in facsimile mode or when viewing the full PDF document. Also please note that in order to retrieve these documents from Espace, the prefix ‘10’ must be removed from the publication number. The preferred format is that the prefix ‘10’ be included in the publication number as this is the official publication number given by the KIPO. When citing English abstracts of the Korean patent documents viewed in AbS, use the following format : X KR 1020070101898 A (INNER CUBE, INC.) 18 October 2007, English abstract retrieved from EPODOC database Abstract 1-10 Chinese Citations: The following format is the preferred format for citing English abstracts of the Chinese patent documents viewed in AbS X CN 1588431 A (UNIV TSINGHUA) 2 March 2003, English abstract retrieved from EPODOC database Abstract 1-10 Russian Citations: The following format is the preferred format for citing English abstracts of the Russian patent documents viewed in AbS: X RU 2340978 C1 (G OBRAZOVATEL NOE UCHREZHDENIE) 10 December 2008, English abstract retrieved from EPODOC database Abstract 1-10 When the name of the applicant is not available: X RU 2007117899 A (APPLICANT UNKNOWN) 20 November 2008, English abstract retrieved from EPODOC database Abstract 1-10 Soviet Union Citations: The following format is the preferred format for citing English abstracts of the Soviet Union patent documents viewed in AbS: X SU 1787417 A1 (PROIZV OB MIR N) 15 January 1993, English abstract retrieved from EPODOC database Abstract 1-10 When the name of the applicant is not available: X SU 1840699 A1 (APPLICANT UNKNOWN) 10 December 2008,. English abstract retrieved from EPODOC database Abstract 1-10 Following is an example of an EPODOC abstract displayed on the EPOQUE VIEWER with recommended fields which will be sent to the Applicant when stored in the relevant application folder in COMPASS. 2. WPI ("Derwent's World Patent Index") Abstracts When citing an abstract from the WPI database viewed in AbS or STN, use the following format to clearly identify the Accession number (the number by which WPI abstracts are indexed) : X DE 2643150 A (SIEMENS AG) 30 March 1978, Derwent Abstract Accession No. 78-C7591A Abstract 1-10 Please note that the WPI Accession Number must be included, however, including the WPI classification symbols is optional. Note: When using AbS, the WPI abstract enriches the data from EPODOC or DOCDB and is not a standalone document. Consequently, you should expect to see the fragments of the WPI abstract such as ‘Novelty’ or ‘Advantage’, and may also see data from EPO supplied databases (if present). The WPI abstract cannot be download from AbS. A copy of the WPI data and abstract can be copied from AbS and pasted into a Word document to store in COMPASS for the purpose of preparing the search product. WPI data and abstract text is proprietary information and should not be provided to the applicant. 3. Full Documents When citing a Full Document retrieved from AbS (English or Non-English), the standard (i.e. current) format for citing patent documents should be used. The source of the English language translation of the document should be included if this disclosure relied upon in the report. Examples X WO 1981/001617 A1 (BOLINDEN) 11 June 1981 Abstract, page 4 lines 10 – 15 and page 5 lines 7 – 20 1-10 X GB 2362240 A (INTERNATIONAL BUSINESS MACHINES CORP., USA) 14 November 2001 Abstract, fig. 4, page 4 lines 22 – 28, and claim 1 1-10 X JP 2004364093 A (OKI ELECTRIC IND. CO. LTD.) 24 December 2004, English language description retrieved from the JPO database Figure 1 1-10 X FR 2345677 A1 (ZINC WATER) 21 October 1977 English language description retrieved from the EPODOC database Figure 1 and pages 8 lines 2 – 31 1-10 X US 6020978 A (COOPER et al.) 1 February 2000 Abstract, Figure 1, column 3 lines 3 – 38 and column 17 lines 6 – 32 1-10 A copy of the full patent document that should be retrieved and stored in COMPASS/Citation Manager. A copy of the English language translation should be added manually if it is relied on for the discussion of novelty or inventive step.