What qualifies as a “printed publication” under 35 U.S.C. 102(a)(1)?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.02(B) - Described In A Printed Publication,
Patent Law,
Patent Procedure