Citing to Published Applications | Patently-O

by Dennis Crouch

The chart under presents one particular watch of prior artwork citations in utility patents around the earlier decade or so (Jan 2005 – May perhaps 2018). I divided up cited references into a few wide types: Major) Non-Patent Literature Mid) US Patent Software Publications and Low) All other US & Overseas Patent Paperwork. The chart displays per-patent averages for each individual of these types grouped by patent problem calendar year.

There are two quick descriptive conclusions to draw from the cart: (1) General, the average range of cited references has continued to rise during this time period of time and (2) though each individual class has developed, most of the progress is in the citation of US patent purposes.

The USPTO only started publishing purposes in 2001 and so progress was anticipated. Posted patent purposes are specifically beneficial since their timing of publication (18 months immediately after submitting) corresponds effectively with the prosecution timeline (Initial motion at roughly 15 months).  For patent purposes that hardly ever problem as patents, the publication does much more than only change-back again timing — those people patent documents would have hardly ever entered the community domain.  I have not however gone back again to research what proportion of cited revealed purposes tumble into this second class of revealed-but-hardly ever-patented.

For 2018 (through May perhaps 31), the prize-winner is APPLE’s U.S. Patent No. 9,986,419 with 6,701 citations (six thousand seven hundred and one particular)! The patent claims “social reminders:”

Assert 31. A approach comprising:

at an digital gadget:

obtaining enter symbolizing person instruction to supply a reminder in the upcoming, the person instruction pinpointing an entity and

immediately after obtaining the enter:

detecting, by a microphone of the digital gadget, an audio enter

pinpointing, in the detected audio enter, a voice corresponding to the entity and

in reaction to pinpointing the voice, giving the reminder.

The graphic over displays the way it would work. Consumer asks Iphone to “remind me to request Joe when I see him” When Iphone hears Joe’s voice nearby, it presents the reminder to Consumer.  I’ll be aware listed here that the patent was issued devoid of rejection.

Coming in a close 2nd and 3rd in phrases of most-prior-artwork-citations is Apple’s U.S. Patent No. 9,966060 (Consumer-Tailored Speech Synthesis and Recognition) and Apple’s U.S. Patent No. 9,865,248 (Text to Speech) — the two of which have 6,000+ cited references. (In fact of the patents issued thus much in 2018, the 8 with the most cited references are all Apple patents.

I identified as Apple the “prize winner” due to the fact they submitted much more prior artwork references than any other entity or inventor. The issue – of program – is that it is difficult for the examiner to think about all of these references, And I am ready to wager that neither the patent lawyer nor the inventors browse all of these.  In an article I highlighted past calendar year, Prof. Jeffrey Kuhn termed any patent with 250+ citations as “impossible” — since the examiner only would not have time to overview those people citations prior to producing a selection on patentability. Kuhn wrote that a “small proportion of patents [are] flooding the patent business office with an frustrating range of references.”

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