What constitutes a “printed publication” under AIA 35 U.S.C. 102(a)(1)?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Under AIA 35 U.S.C. 102(a)(1), a printed publication can include patents, published patent applications, or other printed documents. The MPEP states that “If a claimed invention is described in a patent, published patent application, or printed publication, such a document may be available as prior art under AIA 35 U.S.C. 102(a)(1).” This means that any document that is publicly accessible and describes the claimed invention can potentially serve as prior art.
Topics:
MPEP 2100 - Patentability
MPEP 2152.02(B) - Described In A Printed Publication
Patent Law
Patent Procedure