citation,referencing & copyrights

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blue & green
Posts: 16
Joined: Sun Dec 03, 2017 7:12 pm

citation,referencing & copyrights

Post by blue & green » Sat Jun 05, 2021 1:13 pm

hi,

Turkish Patent And Trademark Office's staffes expressed to me over the phone that;

- we applicants did not have to indicate any reference from any source at our patent article in which we use them.

Q: Could you explain please whether this would be same for;

1) EPO
2) world wide; any patent office?

(since every patent office is independent,I do not expect that you would make a comment ,but again would hear that from you and believe that it would worth it )
notations & one extra quuestion:

1) this action/case is valid and limited just to the section of "Background Of Art"

(assume please that the described case happens at only this section, no more quotation/citation without reference at anywhere else (And already the relevant patent office will most probably be able to find/define the novelty and inventive step of the product,so it seems to make a direct quotation or take any piece of information at anywhere else will be meaningless/pointless for any else section except "Background Of Art")

2) if the referencing is required ,are we free to reference it however we want? (E.g.: APA,MLA)

3) I am almost sure that the defined case would be academically severe problem unless the not referenced quotation/citation be rather general information

Best Regards
blue


EPO / EPAL Team
Posts: 96
Joined: Mon Dec 22, 2014 8:30 am

Re: citation,referencing & copyrights

Post by EPO / EPAL Team » Tue Jun 08, 2021 10:25 am

The European Patent Guide describes in details how to request a European patent. (see link below. At the bottom of the page, click on Additional information and choose the format of your choice).

Section 4.2.007 reads: the description must indicate the background art of which you are aware, to the extent that it is useful for understanding the invention, preferably citing source documents reflecting such art. This applies in particular to the background art corresponding to the prior art portion of the independent claims. Source document citations must be sufficiently complete to be verifiable: patent specifications by country and number; books by author, title, publisher, edition, place and year of publication and page numbers; periodicals by title, year, issue and page numbers.

https://www.epo.org/shop/en/Books/Legal ... de/p/41792


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