Can 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 reasonable diligence.”

This means that even if a document was only available for a brief period, it could still qualify as a printed publication if:

• It was accessible to the public interested in the subject matter
• The interested public could have found it through reasonable efforts
• There were no restrictions on its dissemination

However, the duration of availability and the ease of access are factors that will be considered in determining whether the document constitutes a printed publication.

To learn more:

• temporary availability
• printed publication
• public accessibility
• reasonable diligence