The Analysis of the Practicality of Decision regarding the Legal Citation

• Main Authors: Te-mei Wu, 吳德美
• Other Authors: Yun Geng
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/66674468211564503744

碩士 === 雲林科技大學 === 企業管理系碩士班 === 97 === Legal citation in legal documents is the legal basis for the use of the specified source to help readers to understand the relevant case law and evidence, and also strengthen persuasive judgments. Various types of legal citation and quotation documents have similar functions, the relationship between literatures can use the method of Bibliometrics to analyze and understand the relationship between the characteristics of reference, and the same method can also be used in patent analysis. At present, there is no social science perspective to explore decisions. This study is based on Bibliometrics and extends the patent co-citation approach on the decision classification and naming characteristics. Analytical process is divided into three phases: phase I to search patent decisions over the past decade from westlaw database, and filter based on the decision. Phase II to the verdict on the basis of the number of co-cited measure of similarity based on the verdict. Phase III will be a factor in the verdict classification analysis. Results of this study will be divided into nine categories of “limitation of claim”, “doctrine of equivalent”, ” novelty”, ” fail to disclose”, “means-plus-function”, “inequitable conduct”, “abuse of discretion”, ”inventorship” and “obviousness”.