A common occurrence in a university setting is the oral defense of a thesis or dissertation and the subsequent publication and indexing of the thesis or dissertation in a library. Although publication of a thesis or dissertation can be “embargoed,” i.e., delayed for a certain period of time, whether the oral defense constitutes a “printed …
What Constitutes a Printed Publication – Patents and Published Patent Applications – Part 2
Many of the early cases addressing whether a particular reference constituted a “printed publication” involved patents or patent applications. These cases also set the framework for determining whether non-patent references qualified as printed publications. This is the second post in our series examining what constitutes a “printed publication.” Our first post provided an introduction and …
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What Constitutes a Printed Publication – Introduction and Statutory Basis – Part 1
Under current U.S. patent law, certain activities by an inventor or others can negatively impact the inventor’s ability to obtain patent protection on their discovery. Such activities are articulated in 35 U.S.C. § 102 and include the on sale bar, the public use bar, and whether the invention was described in a “printed publication.” In …
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