How does public accessibility affect online documents as prior art?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Public accessibility is crucial in determining whether an online document qualifies as a printed publication and thus as prior art. The MPEP 2128.01 states: “In determining whether a document in an online database is a printed publication, public accessibility is key.” The Federal Circuit in Voter Verified, Inc. v. Premier Election Sols., Inc. emphasized that indexing is just one of many factors in determining public accessibility of online references. The court stated, “indexing is no more or less important in evaluating the public accessibility of online references than for those fixed in more traditional, tangible media”. However, mere technical accessibility doesn’t always equate to public accessibility. In Acceleration Bay, LLC v. Activision Blizzard Inc. , a technical report in an online database was not considered a printed publication due to difficulties in locating it through the available search functionality. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Public Accessibility Required for Prior Art References MPEP 2128.01 Required Factors for Determining Public Accessibility of Presentation MPEP 2128.01 Factors Determining Public Accessibility of Conference Materials MPEP 2128.01 Factors for Determining Public Accessibility of Conference Materials MPEP 2128.01 Factors for Determining Public Accessibility of Temporarily Displayed References MPEP 2128.01 Factors for Determining Public Accessibility of Conference Information MPEP 2128.01 Electronic Technical Report Not Considered Printed Publication MPEP 2128.01 Online Database Document Publicly Accessible Is Key For Printed Publication MPEP 2128.01 Petitioner Must Prove Public Accessibility of Referenc...