![]() Teva Pharmaceuticals USA, Inc., et al., 139 S. A similar issue related to the “on sale” bar of AIA § 102 was addressed in Helsinn Healthcare S. To our knowledge, whether the addition of the phrase “or otherwise available to the public” to § 102 altered the meaning of “printed publication” has not been addressed by the PTAB or any court. § 102 (AIA), whether the document is “sufficiently available to the public” will be a key factor in determining if the document constitutes a “printed publication” or not. § 102(a)(1), provided that the claimed invention is made sufficiently available to the public.” Thus, going forward under 35 U.S.C. MPEP § 2152.02(e) (citations omitted).įinally, MPEP § 2152.02(e) states that “ven if a document or other disclosure is not a printed publication, …, either may be prior art under the “otherwise available to the public” provision of AIA 35 U.S.C. ![]() MPEP § 2152.02(e) further goes on to explain that the availability of the subject matter to the public may arise in situations including, a student thesis in a university library a poster display or other information disseminated at a scientific meeting subject matter in a laid-open patent application or patent or a document electronically posted on the Internet, among others. #Pre aia 102 manualThe Manual of Patent Examining Procedure (MPEP) § 2152.02(e) explains that: This “catch-all” provision permits decision makers to focus on whether the disclosure was “available to the public,” rather than on the means by which the claimed invention became available to the public or whether a disclosure constitutes a “printed publication” or falls within another category of prior art as defined in AIA 35 U.S.C. § 102 (AIA) provides that “ person shall be entitled to a patent unless: (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention or….” Section 102 was revised by the America Invents Act (AIA) of 2013 to include the phrase “or otherwise available to the public.” 35 U.S.C. (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States. (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or § 102 (pre-AIA), a person shall be entitled to a patent unless: Statutory Basis for “Printed Publication” #Pre aia 102 seriesNote that the courts do not necessarily categorize printed publications along these lines, but we grouped the cases in this way for the purposes of this series of posts.
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