Are internal company documents considered “printed publications”?
Generally, internal company documents are not considered “printed publications” if they are intended to remain confidential. The MPEP 2128.01 states:
“Documents and items only distributed internally within an organization which are intended to remain confidential are not ‘printed publications’ no matter how many copies are distributed.”
However, it’s important to note that there must be an existing policy of confidentiality or agreement to remain confidential within the organization. Mere intent to remain confidential is insufficient.
For example, in In re George, research reports disseminated in-house to only those persons who understood the policy of confidentiality were not considered printed publications, even though the policy was not specifically stated in writing.
On the other hand, if internal documents are distributed to commercial companies without restriction on use, they may be considered printed publications, as noted in Garret Corp. v. United States.
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