Can an oral presentation be considered a “printed publication”?

Yes, an oral presentation can be considered a “printed publication” under certain circumstances. According to MPEP 2128.01:

“A paper which is orally presented in a forum open to all interested persons constitutes a ‘printed publication’ if written copies are disseminated without restriction.”

This principle was established in Massachusetts Institute of Technology v. AB Fortia, where a paper presented orally at a scientific meeting open to all interested persons, with written copies distributed without restriction, was considered a printed publication.

However, it’s important to note that an entirely oral presentation without slides or copies is not considered a printed publication. The key factor is the availability of written copies without restriction.

Additionally, under the America Invents Act (AIA), an oral presentation at a scientific meeting or a demonstration at a trade show may be considered prior art under the “otherwise available to the public” provision of 35 U.S.C. 102(a)(1).

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2128.01 - Level Of Public Accessibility Required, Patent Law, Patent Procedure
Tags: Oral Presentation, Printed Publication, Public Accessibility, Scientific Meeting