How does public accessibility affect the status of a printed publication in patent law?
How does public accessibility affect the status of a printed publication in patent law?
Public accessibility is a crucial factor in determining whether a document qualifies as a printed publication under patent law. According to MPEP 2152.02(b):
“The public accessibility of the material is the key inquiry in determining whether a reference qualifies as a ‘printed publication’ bar under 35 U.S.C. 102(a)(1).”
This means that:
- The material must be accessible to the public or to persons interested and ordinarily skilled in the subject matter.
- There must be no reasonable expectation of secrecy.
- The date of public accessibility is considered the publication date.
For example, a thesis in a university library or a paper presented at a conference may be considered publicly accessible if it’s available to those interested in the field without restriction.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(B) - Described In A Printed Publication,
Patent Law,
Patent Procedure