Are electronic publications considered “printed publications” for prior art purposes?
Yes, electronic publications, including online databases and Internet publications, are considered “printed publications” for prior art purposes under 35 U.S.C. 102(a)(1) and pre-AIA 35 U.S.C. 102(a) and (b), provided they meet the public accessibility requirement. The MPEP states: “An electronic publication, including an online database or Internet publication (e.g., discussion group, forum, digital video, or…
Read MoreHow is the public accessibility of an electronic publication determined?
The public accessibility of an electronic publication is determined on a case-by-case basis, considering various factors. According to the MPEP, citing Medtronic, Inc. v. Barry: “The determination of whether a document is a ‘printed publication’ under 35 U.S.C. § 102(b) ‘involves a case-by-case inquiry into the facts and circumstances surrounding the reference’s disclosure to members…
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