Elsewhere, I recently mentioned the USPTO does not permit reliance on Wikipedia, even for background information. I then learned the European Patent Office permits use of Wikipedia as a basis for a rejection.
This distinction made me consider what might be different about Wikipedia than other resources. The answer cannot be that Wikipedia openly accepts articles. Certainly, many rejections are premised on Internet sources, such as Requests for Comments (RFCs).
One possible issue might be that the Examiner and Applicant can assess the credibility of an RFC or even an informal Internet post. In contrast, because Wikipedia generally is credible, Internet trolls might seek to modify articles for attention. Accordingly, it can be difficult to assess whether a particular article has been affected.
So, an Applicant reasonably might question whether a Wikipedia article contains an enabling disclosure. MPEP 2121.01 (citing In re Hoeksema, 399 F.2d 269, 158 USPQ 596 (CCPA 1968)). Certainly, “[e]ven if a reference discloses an inoperative device, it is prior art for all that it teaches.” MPEP 2121.01 II (citing Beckman Instruments v. LKB Produkter AB, 892 F.2d 1547, 1551, 13 USPQ2d 1301, 1304 (Fed. Cir. 1989)). The issue is not whether a troll-modified Wikipedia article is valid prior art or provides any teachings.
Rather, the issue of prohibiting Wikipedia might be a procedural one. “Where a reference appears to not be enabling on its face, however, an applicant may successfully challenge the cited prior art for lack of enablement by argument without supporting evidence.” MPEP 2121 I (citing In re Morsa, 713 F.3d 104, 110, 106 USPQ2d 1327, 1332 (Fed. Cir. 2013)). An Internet-sourced RFC probably is enabled on its face, but Wikipedia arguably is not. So, if an Applicant needs no evidence to challenge a Wikipedia citation, then couldn’t an Applicant successfully challenge every Wikipedia citation as non-enabling?
Ultimately, Wikipedia summarizes information available elsewhere. So, prohibiting the use of Wikipedia should not decrease the amount or quality of information available to an Examiner: the Examiner can simply find the information on which the Wikipedia entry was based.