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