How does the “otherwise available to the public” provision affect internet disclosures?
The “otherwise available to the public” provision in AIA 35 U.S.C. 102(a)(1) significantly affects how internet disclosures are treated as potential prior art. According to MPEP 2152.02(e): “[A] document electronically posted on the Internet (see, e.g., Voter Verified, Inc. v. Premier Election Solutions, Inc., 698 F.3d 1374, 104 USPQ2d 1553 (Fed. Cir. 2012), In re…
Read MoreHow are internet disclosures treated as prior art in international patent searches?
According to MPEP 1843.01, internet disclosures are treated similarly to other written disclosures in international patent searches: Information disclosed on the internet is considered publicly available from the date of public posting Examiners should obtain and cite printouts of relevant internet disclosures The printout should include the URL and publication date of the disclosure Internet…
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