Can an oral presentation be considered a “printed publication”?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an oral presentation can be considered a “printed publication” under certain circumstances. According to MPEP 2128.01:

“A paper which is orally presented in a forum open to all interested persons constitutes a ‘printed publication’ if written copies are disseminated without restriction.”

This principle was established in Massachusetts Institute of Technology v. AB Fortia, where a paper presented orally at a scientific meeting open to all interested persons, with written copies distributed without restriction, was considered a printed publication.

However, it’s important to note that an entirely oral presentation without slides or copies is not considered a printed publication. The key factor is the availability of written copies without restriction.

Additionally, under the America Invents Act (AIA), an oral presentation at a scientific meeting or a demonstration at a trade show may be considered prior art under the “otherwise available to the public” provision of 35 U.S.C. 102(a)(1).