What is the “printed publication” requirement under Pre-AIA 35 U.S.C. 102(a)?

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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. The “printed publication” requirement under Pre-AIA 35 U.S.C. 102(a) refers to the condition that a reference must be sufficiently accessible to the public to be considered prior art. The MPEP states: “A reference is a ‘printed publication’ if it is accessible to the public. A reference is ‘accessible’ when persons interested and ordinarily skilled in the subject matter can locate it and recognize and comprehend therefrom the essentials of the claimed invention without need of further research or experimentation.” This means that for a document to be considered a printed publication, it must be readily available and understandable to those skilled in the relevant field. The accessibility and comprehensibility of the document are key factors in determining whether it qualifies as a printed publication under this statute. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Knowledge Accessible to Public Is Prior Art MPEP 2132 Definition of Others for Prior Art References MPEP 2132 Other Entities Can Create Prior Art MPEP 2132 Public Knowledge Or Use Must Be Accessible MPEP 2132 Entity Must Differ by One Person to Be Considered 'By Others' MPEP 2132 Check for FITF Provision Compliance MPEP 2132 Secret Process Use Not Public Use MPEP 2132 Prohibited Pre-AIA 102(a) Knowledge Must Be In U.S. MPEP 2132 Required Prior Knowledge or Use Outside the U.S. Cannot Invalidate Pre-AIA Patentability MPEP 2132 Prohibited In This Country Means United States Only for Pre-AIA 102(a) Rejections MPEP 2132 Other Related FAQs 5 FAQs Collapse What is the significance of the &#8220;by others&#8221; requirement in Pre-AIA 35 U.S.C. 102(a)? How does commercial use affect public use under pre-AI...