What constitutes a “printed publication” in patent law?

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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. 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.’ “ Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Public Accessibility Required for Prior Art References MPEP 2128.01 Required Public Accessibility Determines Printed Publication Status MPEP 2128 Permitted Social Media as Prior Art Requires Public Accessibility MPEP 2128 Permitted Determination of Public Accessibility for Printed Publications as Prior Art MPEP 2128 Prior Art Must Be Publicly Accessible Before Critical Date MPEP 2128.01 Public Accessibility Requires More Than Library Shelving MPEP 2128.01 Required Determination of Public Accessibility for Printed Publications MPEP 2128 Petitioner Must Prove Public Accessibility of Reference MPEP 2128 Public Accessibility Is Determined Case-By-Case MPEP 2128 Publication Accessibility Is Sufficient for Prior Art MPEP 2128 Other Related FAQs 5 FAQs Collapse How does indexing affect the public accessibility of a document for patent purposes? Are internal company documents considered &#8220;printed publications&#822...