Can oral presentations qualify as prior art under the “printed publication” category?
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.
Oral presentations alone typically do not qualify as “printed publications” for prior art purposes. However, materials associated with an oral presentation may qualify under certain circumstances. MPEP 2128 states:
“An oral presentation at a scientific meeting or a demonstration at a trade show may be prior art under 35 U.S.C. 102(a)(1)’s provision: ‘otherwise available to the public.’”
For materials associated with an oral presentation to qualify as a printed publication:
- They must be sufficiently accessible to the public
- There must be evidence of the presentation date
- The content must be preserved in a tangible form (e.g., slides, handouts)
Each case is evaluated based on its specific circumstances to determine if the materials meet the criteria for a “printed publication.”