How does the USPTO define “printed publication” for prior art purposes?
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.
The USPTO’s definition of “printed publication” for prior art purposes is broad and evolving. According to MPEP 2128:
“The term “printed publication” refers to such publications as books, magazines, journals, microfilm, computer databases, and Internet publications.”
This definition is not limited to traditional printed materials but includes various forms of media that can disseminate information. The key factors are:
- The information must be accessible to the public
- The publication date must be determinable
- The content must be in a fixed form
It’s important to note that the format of the publication is less important than its accessibility and ability to disseminate information to the public.