What constitutes a “printed publication” in patent law?
A “printed publication” in patent law refers to a document that is sufficiently accessible to the public interested in the art before the critical date. As stated in MPEP 2128.01, “dissemination and public accessibility are the keys to the legal determination whether a prior art reference was ‘published.'”
The Federal Circuit in Constant v. Advanced Micro-Devices, Inc. emphasized this point: “The statutory phrase ‘printed publication’ has been interpreted to mean that before the critical date the reference must have been sufficiently accessible to the public interested in the art; dissemination and public accessibility are the keys to the legal determination whether a prior art reference was ‘published.’“
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2128.01 - Level Of Public Accessibility Required,
Patent Law,
Patent Procedure