Can social media posts be considered prior art?

Yes, social media posts can be considered prior art, provided they meet the public accessibility requirements. The MPEP specifically addresses this: “Social media websites on the Internet, such as YouTube®, Twitter®, Facebook®, and public forum posts, can be a source of prior art, provided the public accessibility requirements, as laid out in subsection I are…

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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…

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