An obstacle to examiners in referencing non-patent literature

In a 2004 report, WIPO had noted:

At previous sessions, the Working Group had considered copyright issues raised
by the international search and international preliminary examination procedure, in
particular, the possibility that the making and sending, by the International Searching
Authority, of copies of documents cited in the international search report, as provided
by Article20(3) and Rule44.3, could involve copyright infringement, in particular
where it involved non-patent literature and the first digitization of a document (see
document PCT/R/WG/5/5).

As IPBiz noted in the post
Biofuels, land and fire , a lot of science information in journals is NOT freely available.

Thus, while journals like Science present news pieces (such as those by Kintisch) and op-eds (such as those by
Loring) which criticize PATENT owners, Science is very restrictive as to its
protection under COPYRIGHT.