Are electronic publications considered “printed publications” for prior art purposes?
Yes, electronic publications, including online databases and Internet publications, are considered “printed publications” for prior art purposes under 35 U.S.C. 102(a)(1) and pre-AIA 35 U.S.C. 102(a) and (b), provided they meet the public accessibility requirement. The MPEP states:
“An electronic publication, including an online database or Internet publication (e.g., discussion group, forum, digital video, or social media post), is considered to be a ‘printed publication’ within the meaning of 35 U.S.C. 102(a)(1) and pre-AIA 35 U.S.C. 102(a) and (b) provided the publication was accessible to persons concerned with the art to which the document relates.”
The key factor is whether the electronic publication was accessible to those interested in the subject matter. This includes various forms of digital content, such as websites, databases, and social media posts, as long as they meet the public accessibility criteria.
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