How does public accessibility affect online documents as prior art?
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.
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