How are internet disclosures treated as prior art in international patent searches?
According to MPEP 1843.01, internet disclosures are treated similarly to other written disclosures in international patent searches:
- Information disclosed on the internet is considered publicly available from the date of public posting
- Examiners should obtain and cite printouts of relevant internet disclosures
- The printout should include the URL and publication date of the disclosure
- Internet disclosures are cited in the international search report based on their relevance and publication date
The MPEP states: “Prior art disclosure on the Internet or on an online database is considered in the same manner as other forms of written disclosure. Information disclosed on the Internet or an online database is considered to be publicly available as of the date the disclosure was publicly posted.“
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