What constitutes “sufficient accessibility” for a printed publication under MPEP 2152.02(b)?

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.

According to MPEP 2152.02(b), “sufficient accessibility” for a printed publication is determined by whether the publication was made available to the extent that persons interested and ordinarily skilled in the subject matter or art, exercising reasonable diligence, can locate it. The MPEP states:

“The level of public accessibility required to qualify as a printed publication is discussed in MPEP § 2128.”

This means that the publication must be accessible to the public in a way that allows those in the field to find and understand it. Factors such as the publication’s distribution, indexing, and availability in libraries or online databases may be considered when determining sufficient accessibility.