Can a temporarily available document be considered a printed publication?

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 temporarily available document can be considered a printed publication under certain circumstances. The MPEP 2128 provides guidance on this matter:

“A reference is considered publicly accessible even if it was available only for a short time or to a limited number of people, if the interested public could have accessed the document through reasonable diligence.”

This means that even if a document was only available for a brief period, it could still qualify as a printed publication if:

• It was accessible to the public interested in the subject matter
• The interested public could have found it through reasonable efforts
• There were no restrictions on its dissemination

However, the duration of availability and the ease of access are factors that will be considered in determining whether the document constitutes a printed publication.