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Hegedus
Last seen: 02/04/2024 - 19:23
Joined: 10/24/2018 - 20:10
Citation Cited by Whom

Hi,

 

I am trying to understand the patterns in citations. I am looking at the uspatentcitation.tsv file.  One of the fields I am especially interested in the who did the citation, "category".  I have taken the first 1M rows as a test.  The entries in the field include: "cited by applicant","cited by examiner","cited by other", "cited by third party", and "NULL".

What is confusing me is the number of cases where "cited by other" is the entry. In my experience with patents I do not often run into cases with non-applicant or non-examiner prior art citations.  That experience is limited and is the very high frequency actual?  Or am I misunderstanding the meaning of that term?

I am just making sure I understand what the data means.

Thanks

Andy

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PVTeam
Role: moderator
Last seen: 03/15/2024 - 15:25
Joined: 10/17/2017 - 10:47
Re: Response to CITATION CITED BY WHOM

Hi Andy,

The categories that make up the category field in the uspatentcitation table are described below:

The America Invents Act (AIA) was passed on September 16th, 2012.

Before the AIA was passed, the citation-category field only took on two values: “cited by examiner” and “cited by other”. References cited by the examiner were classified as “cited by examiner” in the citation-category field, regardless of whether they are also cited by the applicant and/or a third party. References not cited by the examiner but instead cited by the applicant or by a third party, were classified as “cited by other” in the citation-category field. Thus, the field did not distinguish between references cited by the application and those cited by a third party.

After the AIA was passed, the citation-category field took on three values: “cited by examiner”“cited by third party”, and “cited by applicant”. Same as before, references cited by the examiner are still classified as “cited by examiner” in the citation-category field. References cited that are clearly labeled as a third party submission are now classified as “cited by third party” (These only indicate references submitted by third parties under the AIA and regulation 37 CFR 1.290). Any other reference taken is classified as “cited by applicant” in the citation-category field.

Thank you,

PVTeam

Hegedus
Last seen: 02/04/2024 - 19:23
Joined: 10/24/2018 - 20:10
Thank you for the…

Thank you for the clarification.  It is very helpful.

 

Andy