How does public accessibility affect the status of a printed publication in patent law?

How does public accessibility affect the status of a printed publication in patent law?

Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b):

“The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a ‘printed publication’ bar under 35 U.S.C. 102(a)(1).”

This means that:

• The material must be accessible to the public or to persons interested and ordinarily skilled in the subject matter.
• There must be no reasonable expectation of secrecy.
• The date of public accessibility is considered the publication date.

For example, a thesis in a university library or a paper presented at a conference may be considered publicly accessible if it’s available to those interested in the field without restriction.

To learn more:

• public accessibility
• printed publication
• prior art
• 35 U.S.C. 102(a)(1)