Access to and Searching Non-Patent Literature: On-Line Scientific and Technical Journals

Access to and Searching Non-Patent Literature:
On-Line Scientific and Technical Journals
Stanley Kowalski
Franklin Pierce Law Center

With the emergence of a knowledge based economy, more and more research teams, academic or industrial, produce results which can be both published in academic journals and patented.

Non-Patent Literature

Scientific journals articles
Book chapters
Conference papers

Academic Journals
Conference Proceedings
Non
Patent Literature
(NPL)
Thesis Technical Reports
Books Monographs
Trade Journals
Encyclopedias Dictionary
Non Patent Literature Sources

Journals
Conference Proceedings
Secondary Publishers
INSPEC, CAS, COMPDX, BIOSIS, MEDLINE, FSTA
Books, Thesis, Technical reports, Monographs
Standards
Encyclopedia Dictionaries
Company Disclosures
Non Patent Literature Sources

Publications and patents as information supports have many analogous features for example:
author/inventor
institution/assignee
bibliographic referencing/patent system referencing
bibliometric classification/official classification
abstract
full text
reference to scientific literature/reference to patent or non-patent literature, etc.

For Example, note the congruence of inventors and authors, and published and patented technologies in the following example of HIV vaccine technology:

DNA Vaccination with the Human Immunodeficiency Virus Type 1 SF162DV2 Envelope Elicits Immune Responses That Offer Partial Protection from Simian/Human Immunodeficiency Virus Infection to CD81 T-Cell-Depleted Rhesus Macaques
JOURNAL OF VIROLOGY, Feb. 2001, p. 1547–1550
S. CHERPELIS,1 I. SHRIVASTAVA,2 A. GETTIE,1,3 X. JIN,1 D. D. HO,1 S. W. BARNETT,2 AND L. STAMATATOS1*

Note the congruence between assignee/institution and inventor/author and technology covered in the following journal publication and patent:

Glucose Polyester Biosynthesis.
Purification and Characterization of a Glucose Acyltransferase
Alice X. Li, Nancy Eannetta, Gurdev S. Ghangas, and John C. Steffens
Department of Plant Breeding, Cornell University, Ithaca, New York 14853
Plant Physiology, October 1999, Vol. 121, pp. 453–460, www.plantphysiol.org

However, there are important caveats!

Patent information may not always be used as source for scientific technical information; in addition information disclosed in patents does not always appear in non-patent literature later.

Methods and results published inacademic journals must be informative enough firstly to convince referees, secondly to attract a large scope of potential users and citers as soon as possible.
Apatent, however, is both a legal document and a piece of technical literature. This shapes well known peculiarities of patent documents; for example, poorly informative original titles.

Publicationsare a good representation of the contents of science.
Patents (or kindred IPR forms) collect a large part of technological information, even though the patent combines several functions.

One can generally expect, therefore, different patterns of information disclosure in scientific publications and patents.

Therefore, these two sources of information are neither exclusive nor inclusive, but rather complimentary.
When doing research, it is important to research both patent and non-patent literature, regardless of the intent, i.e., whether for prior art searching, freedom to operate analysis or patent invalidation research.

Some examples of web-based non-patent literature resources

Non-Patent Literature (examples)
Publishers’ own websites:
Found through PubMed, LinkOut or through direct searching;
British Library
http://www.bl.uk/services/document/dsc.html;
CAS Document Detective Service
http://www.cas.org/Support/dds.html

Non-Patent Literature (examples)
Purdue Univ. Tech. Info Service
http://www.tis.purdue.edu/html/index.html
U. Minn. Biomedical Info. Service
http://www.biomed.lib.umn.edu/bis/bismain.html
A research university library near you!

Internet Resources (examples)
Meta Search Engines
Google Scholar: http://scholar.google.com/
Scirus: http://www.scirus.com
Entrez: http://www.ncbi.nlm.nih.gov/Entrez
Citation Tracking
Digital Object Identifier (DOI)

However, it is crucial to remember that current search engines may still largely ignore the contents of the Library of Congress, the US Patent and Trademark database, newspaper archives, and many other valuable sources of information because their contents are not “crawlable”.

Until recently, the multidisciplinary data sources for patents and publications were separated. The trend today is towards an integration of knowledge information whatever the nature. A new sign perhaps is the connection between ISI publications and Derwent patents by navigation along the citation linkages. The navigation between documents along a lexical connection is also likely to expand.

Patent and non-patent literature aredifferent but also complimentary. Searching both will inform as to the technologies considered, the inventors and their respective assignees.

References used for this presentation
Robert J. W. Tijssen Handbook of Quantitative Science and Technology Research, 695-715
Patent and Literature Search Tools (rev. April 2008) JHU
Jeffrey J. Berns AALL Annual Meeting and Conference, 2005 San Antonic
CGIAR Centre publications as Prior art
Elise Bassecoulard Handbook of Quantitative Science and Technology Research, 665-694
MervynBregonje World Patent Information; Dec 2005, Vol. 27 Issue 4, p309-315, 7p
European Patent Office, The Hague Search Matters 2009

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