Can a temporarily displayed reference be considered a printed publication in patent law?

Can a temporarily displayed reference be considered a printed publication in patent law?

Yes, a temporarily displayed reference can be considered a printed publication under certain circumstances. The MPEP 2152.02(b) provides guidance on this:

“Even if access to the information is limited to a few people, a printed publication may be established if those few people are not restricted from further distributing the information.”

This means:

• A reference displayed at a conference or trade show can be a printed publication.
• The duration of display is not as important as the opportunity for public access.
• If copies were distributed or if the audience was allowed to take notes, it strengthens the case for public accessibility.

However, each case is evaluated based on its specific circumstances. The key is whether the information was made available to the extent that persons interested and ordinarily skilled in the subject matter could access it.

To learn more:

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