References to literature in patent documents: A case study of CSIR in India

The paper examines the use of references by applicants and the examiners in US patent documents by R&D scientists from CSIR in India. It observes that scientists in CSIR use higher inputs of scientific information than the technical information in patenting. The examiners do make their own prior art search and add significantly to the patent and non-patent literature, which is distinctly different from the references given by the R&D scientists from CSIR. It identifies (a) the major disciplines and the sub-disciplines that contribute most of the scientific knowledge, and (b) the countries from where most references to patent literature are made. The applicants cite relatively less recent patent literature and more medium-term patent literature in comparison to citations by examiners. The paper observes that there is scope of improvement in making relevant prior art search, particularly, for patent literature by R&D scientists and in planning and organizing the information support for conducting patentable R&D in CSIR.