Billboard Posting Qualifies As "Printed Publication," Federal Circuit Rules

Law360, New York (August 25, 2004, 12:00 AM EDT) -- The U.S. Patent and Trademark Office acted appropriately in rejecting a patent application because a description of the invention was posted at a billboard at a public meeting a year earlier, the U.S. Court of Appeals for the Federal Circuit has determined.

The court’s decision effectively slams the door on a patent for food preparations that had already been rejected by a USPTO patent examiner and, upon appeal, by the Board of Patent Appeals and Interferences.

The question of whether the posting qualified as “printed publication”...
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