Can oral presentations qualify as prior art under the “printed publication” category?
Oral presentations alone typically do not qualify as “printed publications” for prior art purposes. However, materials associated with an oral presentation may qualify under certain circumstances. MPEP 2128 states: “An oral presentation at a scientific meeting or a demonstration at a trade show may be prior art under 35 U.S.C. 102(a)(1)’s provision: ‘otherwise available to…
Read MoreHow does MPEP 2152.02(b) define “printed publication” in the context of prior art?
MPEP 2152.02(b) provides a broad definition of “printed publication” in the context of prior art. According to the manual: “A reference is a ‘printed publication’ if it is accessible to the public. A reference is ‘accessible’ when persons interested and ordinarily skilled in the subject matter or art, exercising reasonable diligence, can locate it.” This…
Read MoreWhat does “known and readily available” mean in the context of biological materials for patent applications?
“Known and readily available” refers to the level of public accessibility to a necessary component of an invention disclosure that is consistent with the ability to make and use the invention. According to MPEP 2404.01: “To avoid the need for a deposit on this basis, the biological material must be both known and readily available…
Read MoreHow does the Internet affect the determination of printed publications in patent law?
How does the Internet affect the determination of printed publications in patent law? The Internet has significantly impacted the concept of printed publications in patent law. According to MPEP 2152.02(b): “A reference is considered publicly accessible if it was disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in the…
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 MoreHow can foreign patent applications be considered “published” for prior art purposes?
Foreign patent applications can be considered “published” and used as prior art under certain conditions, even if they are not issued in printed form. The key factor is public accessibility. As explained in the MPEP: “When the specification is not issued in printed form but is announced in an official journal and anyone can inspect…
Read MoreAre 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 long must a biological material deposit be maintained for patent purposes?
The duration of a biological material deposit for patent purposes is specified in the USPTO regulations. According to MPEP 2404.01, which references 37 CFR 1.806: “The term of deposit is “at least thirty (30) years and at least five (5) years after the most recent request” for a sample; the agreement sufficiently ensures that the…
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…
Read MoreHow does commercial availability affect the determination of whether a biological material is known and readily available?
Commercial availability can be a factor in determining whether a biological material is known and readily available, but it’s not always sufficient on its own. According to MPEP 2404.01: “The Office will accept commercial availability as evidence that a biological material is known and readily available only when the evidence is clear and convincing that…
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