How does MPEP 2152.02(b) define “printed publication” in the context of prior art?
MPEP 2152.02(b) provides a broad definition of “printed publication” in the context of prior art. According to the manual:
“A reference is a ‘printed publication’ if it is accessible to the public. A reference is ‘accessible’ when persons interested and ordinarily skilled in the subject matter or art, exercising reasonable diligence, can locate it.”
This definition encompasses various forms of publications, not just traditional printed materials. It can include:
- Physical printed documents
- Electronic publications
- Online resources
- Publicly presented materials
The key factors are public accessibility and the ability of skilled persons in the field to locate the information. The format of the publication is less important than its availability to the relevant audience.
For more detailed information on what constitutes a printed publication, refer to MPEP 2128.
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