Can a single copy of a document be considered a “printed publication” for patent purposes?

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.

Yes, a single copy of a document can potentially be considered a “printed publication” for patent purposes, depending on its accessibility. MPEP 2128.01 addresses this issue:

“A single copy of a document can be considered a ‘printed publication’ if it is accessible to the public.”

The key factor is not the number of copies, but whether the document is publicly accessible. For example, a single thesis in a university library might be considered a printed publication if it’s properly indexed and available for public viewing. However, the circumstances of each case are carefully considered to determine if the single copy meets the public accessibility standard.

Topics: MPEP 2100 - Patentability MPEP 2128.01 - Level Of Public Accessibility Required Patent Law Patent Procedure
Tags: Contested Case Jurisdiction, Otherwise Available, Prior Art Dates, Public Use 102a1, third party access