Can a thesis in a university library be considered prior art?
Yes, a thesis in a university library can be considered prior art if it is sufficiently accessible to the public. According to MPEP 2128.01: “A doctoral thesis indexed and shelved in a library is sufficiently accessible to the public to constitute prior art as a ‘printed publication.’” This principle was established in the case of…
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…
Read MoreHow does indexing affect the public accessibility of a document for patent purposes?
Indexing plays a crucial role in determining the public accessibility of a document for patent purposes. MPEP 2128.01 emphasizes the importance of indexing: “A document may be considered publicly accessible if it is indexed or cataloged and available in a library or other public collection.” Proper indexing makes a document discoverable by those interested in…
Read MoreWhat is indexing against a recorded certificate?
Indexing against a recorded certificate refers to the process of associating additional patent numbers or application numbers with a document that has already been recorded in the USPTO’s Assignment Division. However, the USPTO does not process such requests for ‘indexing’ or ‘cross-referencing’ unless a new submission is made. According to MPEP 315, The Office does…
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