Can a single copy of a document be considered a “printed publication” for patent purposes?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2128.01 - Level Of Public Accessibility Required,
Patent Law,
Patent Procedure