What qualifies as a “printed publication” under 35 U.S.C. 102(a)(1)?

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.

What qualifies as a “printed publication” under 35 U.S.C. 102(a)(1)?

A “printed publication” under 35 U.S.C. 102(a)(1) is not limited to traditional paper publications. According to MPEP 2152.02(b), it includes:

• Paper publications
• Electronic publications (including web pages)
• Presentations at scientific meetings
• Microfilm
• Computer programs
• Any other medium that provides information to the public

The MPEP states: “The key inquiry is whether the material was available to the public, not the manner in which it was made available.” This broad interpretation ensures that any form of publicly accessible information can potentially serve as prior art.