How does MPEP 2152.02(b) address the issue of online publications as prior art?
MPEP 2152.02(b) addresses online publications as potential prior art under the category of “printed publications.” While the manual doesn’t explicitly mention online publications, it provides guidance that can be applied to digital content. The key principle is stated as:
“A reference is a ‘printed publication’ if it is accessible to the public.”
This broad definition encompasses online publications. For an online publication to qualify as prior art, it must meet the following criteria:
- Public Accessibility: The online content must be available to the public without restriction.
- Searchability: Persons interested and ordinarily skilled in the subject matter should be able to locate the information through reasonable diligence.
- Retrievability: The content should be retrievable and remain substantially unchanged.
The date of public availability online is crucial for determining whether the publication predates the effective filing date of the patent application. For more detailed information on electronic publications, refer to MPEP 2128.01(b).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(B) - Described In A Printed Publication,
Patent Law,
Patent Procedure