Can a publicly displayed document be a “printed publication” without being distributed or indexed?
Yes, a publicly displayed document can be considered a “printed publication” even if it is not distributed or indexed, provided it meets certain criteria. According to MPEP 2128.01: “A publicly displayed document where persons of ordinary skill in the art could see it and are not precluded from copying it can constitute a ‘printed publication,’…
Read MoreHow is the publication date of an electronic document determined for prior art purposes?
The publication date of an electronic document is crucial for determining its status as prior art. According to the MPEP: “Prior art disclosures on the Internet or on an online database are considered to be publicly available as of the date the item was publicly posted.” However, if the publication itself does not include a…
Read MoreWhat constitutes a “public use” under pre-AIA 35 U.S.C. 102(b)?
A “public use” under pre-AIA 35 U.S.C. 102(b) occurs when the invention is both in public use before the critical date and ready for patenting. The Federal Circuit in Invitrogen Corp. v. Biocrest Manufacturing L.P. outlined a two-part test: The purported use was accessible to the public; or The invention was commercially exploited. The court…
Read MoreWhat is the “public use” grace period under the AIA?
The America Invents Act (AIA) introduced a grace period for public use disclosures. According to MPEP 2152.02(c): “Under pre-AIA 35 U.S.C. 102(b), an applicant was barred from receiving a patent if the invention claimed in the application was in public use in this country more than one year prior to the date of the application…
Read MoreWhat constitutes a “public use” under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), a “public use” that can bar patentability is any use that is available to the public, regardless of geographic location. The MPEP states: “Under AIA 35 U.S.C. 102(a)(1), there is no geographic limitation on where prior public use or public availability occurs.” This means that public uses anywhere in the…
Read MoreDoes a sale need to be public to trigger the on-sale bar?
No, a sale does not need to be public to trigger the on-sale bar under 35 U.S.C. 102(b). The MPEP clarifies this point: Unlike questions of public use, there is no requirement that “on sale” activity be “public.” “Public” as used in pre-AIA 35 U.S.C. 102(b) modifies “use” only. “Public” does not modify “sale.” (MPEP…
Read MoreIs public knowledge the same as public use under pre-AIA 35 U.S.C. 102(b)?
No, public knowledge is not necessarily the same as public use under pre-AIA 35 U.S.C. 102(b). The MPEP clearly states: “Mere knowledge of the invention by the public does not warrant rejection under pre-AIA 35 U.S.C. 102(b). Pre-AIA 35 U.S.C. 102(b) bars public use or sale, not public knowledge.” (MPEP 2133.03(a)) However, it’s important to…
Read MoreWhat is the public benefit of the patent disclosure requirements?
The patent disclosure requirements provide several benefits to the public: Access to Information: Upon grant of a patent, the information contained in it becomes part of the public knowledge base. As stated in the MPEP: “Upon the grant of a patent in the U.S., information contained in the patent becomes a part of the information…
Read MoreHow does public accessibility affect the status of a printed publication in patent law?
How does public accessibility affect the status of a printed publication in patent law? Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b): “The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a…
Read MoreHow does public accessibility affect online documents as prior art?
Public accessibility is crucial in determining whether an online document qualifies as a printed publication and thus as prior art. The MPEP 2128.01 states: “In determining whether a document in an online database is a printed publication, public accessibility is key.” The Federal Circuit in Voter Verified, Inc. v. Premier Election Sols., Inc. emphasized that…
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