How PTAB Is Defining Printed Publication

By John Strand, Marie McKiernan and Austin Steelman (March 12, 2018, 1:42 PM EDT) -- What constitutes a prior art "printed publication" is a significant question in many patent validity challenges. The Federal Circuit has wrestled with the question since the court was created in 1982. However, despite its much shorter history, the Patent Trial and Appeal Board has likely issued more decisions addressing this question than any other forum. Therefore, petitioners who ignore what the PTAB thinks a printed publication is do so at their own peril.

The Federal Circuit, whose decisions are binding on the PTAB, has addressed some interesting and repeated questions about various documents, including:

University theses: They can be printed publications, if...

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