2128 manual

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Public accessibility is determined on a case-by-case basis taking into consideration factors such as, where the information is posted, privacy restrictions placed on the posting, the length of time it was posted, and whether the information is indexed for searching. Therefore, examiners may have to rely on the timestamps on the social media sites to establish the public accessibility date.

However, the accuracy of timestamps on social media websites may need to be scrutinized with care, as the reliability of some websites do not approach those of other types of Internet publications, such as those providing peer-reviewed material. There is no need to prove that someone actually looked at a publication when that publication is accessible to the public through a library or patent office.

Amneal Pharm. Advanced Micro-Devices, Inc. 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. A doctoral thesis indexed and shelved in a library is sufficiently accessible to the public to constitute prior art as a "printed publication.

Even if access to the library is restricted, a reference will constitute a "printed publication" as long as a presumption is raised that the portion of the public concerned with the art would know of the invention. In re Bayer, F. In In re Hall, general library cataloging and shelving practices showed that a doctoral thesis deposited in university library would have been indexed, cataloged and shelved and thus available to the public before the critical date. Compare In re Cronyn, F.

The index cards only listed the student name and title of the thesis. Compare In re Bayer, F. There can be no presumption that those concerned with the art would have known of the invention in this case.

In determining whether a document in an online database is a printed publication, public accessibility is key. In Voter Verified, Inc. Premier Election Sols. The court further stated that "indexing is no more or less important in evaluating the public accessibility of online references than for those fixed in more traditional, tangible media".

A document in an online database is not always deemed a printed publication. Activision Blizzard Inc. The court agreed with the Board that an interested skilled artisan, using reasonable diligence, would not have been able to find the technical report on the CSE Technical Reports Library website despite some indexing and search functionality on the website that permitted technical accessibility.

It was determined that at best, an artisan might have located the cited technical report by skimming through potentially hundreds of titles in the same year, with most containing unrelated subject matter, or by viewing all titles in the database listed by author, when the authors were not particularly well known. A paper which is orally presented in a forum open to all interested persons constitutes a "printed publication" if written copies are disseminated without restriction.

Massachusetts Institute of Technology v. AB Fortia, F. Six persons requested and obtained copies. An oral presentation at a scientific meeting or a demonstration at a trade show may be prior art under 35 U. Documents and items only distributed internally within an organization which are intended to remain confidential are not "printed publications" no matter how many copies are distributed.

There must be an existing policy of confidentiality or agreement to remain confidential within the organization. Mere intent to remain confidential is insufficient. United States, F. Datapoint Corp. One document contained the legend "Reproduction or further dissemination is not authorized. The court held that public access was insufficient to make the documents "printed publications.

As stated in In re Klopfenstein, F. The printed slide presentation was displayed with no confidentiality restrictions for approximately three cumulative days at two different industry events. The court noted that "an entirely oral presentation at a scientific conference that includes neither slides nor copies of the presentation is without question not a 'printed publication' for the purposes of [pre-AIA] 35 U.

In resolving whether or not a temporarily displayed reference that was neither distributed nor indexed was nonetheless made sufficiently publicly accessible to count as a "printed publication" under pre-AIA 35 U. Similarly, in Medtronic Inc. Barry F. When considering the factors set forth in In re Klopfenstein , the court stated "[i]t may be relevant to determine whether … members were expected to maintain the confidentiality of received materials or would be permitted to share or even publicize the insights gained and materials collected…".

Id at USPQ2d at In addition, in GoPro, Inc. See also Jazz Pharm. Note that an oral presentation at a scientific meeting or a demonstration at a trade show may be prior art under 35 U. If one desires to examine certain new products on the market, attending a trade show involving identical or similar products is a good option.