Do academics read the papers they cite?
A post at just-n-examiner has the text:
Recently I drafted a patent application for a local university.
The professor emailed me a preprint of an unpublished paper - the preprint had cited 30 references (academics LOVE citing references in scientific publications), most of which were quite irrelevant.
Because of the inequitable conduct rules, I was forced to IDS all 30 references, even if only one or 2 are really relevant (of course I listed the most relevant ones first - with no comment, though).
When I asked the professor which of the references are relevant, he said the first 2 are very relevant and that he hadn't read most of the other 28 references (this is VERY common in academia - often they cite work of others as a courtesy and also to make it easier for the reader).
Thus I was forced, in an IDS, to flood the examiner with 28 (most-likely) irrelevant references because of fear that during litigation an attorney of an infringer could look up the academic publication and then "data mine" the 28 references and find relevant material in some review article.
This is just plain idiotic !!!
Of the text --he hadn't read most of the other 28 references (this is VERY common in academia - often they cite work of others as a courtesy and also to make it easier for the reader)-- IPBiz could not help but remember the citation of Jaffe and lerner to "George" Clarke. It is doubtful that Jaffe/Lerner read "George's" paper. Then again, it's doubtful they read much about patent law.
Recently I drafted a patent application for a local university.
The professor emailed me a preprint of an unpublished paper - the preprint had cited 30 references (academics LOVE citing references in scientific publications), most of which were quite irrelevant.
Because of the inequitable conduct rules, I was forced to IDS all 30 references, even if only one or 2 are really relevant (of course I listed the most relevant ones first - with no comment, though).
When I asked the professor which of the references are relevant, he said the first 2 are very relevant and that he hadn't read most of the other 28 references (this is VERY common in academia - often they cite work of others as a courtesy and also to make it easier for the reader).
Thus I was forced, in an IDS, to flood the examiner with 28 (most-likely) irrelevant references because of fear that during litigation an attorney of an infringer could look up the academic publication and then "data mine" the 28 references and find relevant material in some review article.
This is just plain idiotic !!!
Of the text --he hadn't read most of the other 28 references (this is VERY common in academia - often they cite work of others as a courtesy and also to make it easier for the reader)-- IPBiz could not help but remember the citation of Jaffe and lerner to "George" Clarke. It is doubtful that Jaffe/Lerner read "George's" paper. Then again, it's doubtful they read much about patent law.
posted by Lawrence B. Ebert at 6:39 PM
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