What qualifies as a “printed publication” under 35 U.S.C. 102(a)(1)?
What qualifies as a “printed publication” under 35 U.S.C. 102(a)(1)? A “printed publication” under 35 U.S.C. 102(a)(1) is not limited to traditional paper publications. According to MPEP 2152.02(b), it includes: Paper publications Electronic publications (including web pages) Presentations at scientific meetings Microfilm Computer programs Any other medium that provides information to the public The MPEP…
Read MoreWhat constitutes a “printed publication” in patent law?
A “printed publication” in patent law refers to a document that is sufficiently accessible to the public interested in the art before the critical date. As stated in MPEP 2128.01, “dissemination and public accessibility are the keys to the legal determination whether a prior art reference was ‘published.’” The Federal Circuit in Constant v. Advanced…
Read MoreWhat is the Wayback Machine® and how is it used in patent law?
The Wayback Machine® is a digital archive maintained by the Internet Archive, a non-profit organization. It’s used to view archived versions of websites as they existed at specific points in time. In patent law, the Wayback Machine® can be a valuable tool for establishing the public accessibility of online content on a specific date. According…
Read MoreHow does the USPTO determine if a document is publicly accessible for patent purposes?
The USPTO determines public accessibility of a document for patent purposes based on several factors outlined in MPEP 2128.01. Key considerations include: The extent of dissemination The ease with which the document can be located The intended audience’s ability to find the document The MPEP provides guidance: “Whether a document is ‘publicly accessible’ is determined…
Read MoreHow does the USPTO define “printed publication” for prior art purposes?
The USPTO’s definition of “printed publication” for prior art purposes is broad and evolving. According to MPEP 2128: “The term “printed publication” refers to such publications as books, magazines, journals, microfilm, computer databases, and Internet publications.” This definition is not limited to traditional printed materials but includes various forms of media that can disseminate information.…
Read MoreCan 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 MoreCan a temporarily displayed reference be considered a printed publication in patent law?
Can a temporarily displayed reference be considered a printed publication in patent law? Yes, a temporarily displayed reference can be considered a printed publication under certain circumstances. The MPEP 2152.02(b) provides guidance on this: “Even if access to the information is limited to a few people, a printed publication may be established if those few…
Read MoreCan a temporarily available document be considered a printed publication?
Yes, a temporarily available document can be considered a printed publication under certain circumstances. The MPEP 2128 provides guidance on this matter: “A reference is considered publicly accessible even if it was available only for a short time or to a limited number of people, if the interested public could have accessed the document through…
Read MoreWhat constitutes “sufficient accessibility” for a printed publication under MPEP 2152.02(b)?
According to MPEP 2152.02(b), “sufficient accessibility” for a printed publication is determined by whether the publication was made available to the extent that persons interested and ordinarily skilled in the subject matter or art, exercising reasonable diligence, can locate it. The MPEP states: “The level of public accessibility required to qualify as a printed publication…
Read MoreCan 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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