How does the Internet affect the determination of printed publications in patent law?
How does the Internet affect the determination of printed publications in patent law?
The Internet has significantly impacted the concept of printed publications in patent law. According to MPEP 2152.02(b):
“A reference is considered publicly accessible if it was disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the subject matter or art, exercising reasonable diligence, can locate it.”
In the context of the Internet, this means:
- Websites and online documents can qualify as printed publications.
- The date a webpage becomes publicly available can be crucial in determining its status as prior art.
- Archived versions of websites (e.g., through the Wayback Machine) may be used to establish publication dates.
- Social media posts, blog entries, and online articles can potentially serve as printed publications.
However, challenges may arise in proving the exact publication date and content of online materials. Patent examiners and courts may require evidence to verify the public accessibility and content of Internet-based references at a specific point in time.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(B) - Described In A Printed Publication,
Patent Law,
Patent Procedure