Printed Publications: A Discussion of What Qualifies as Prior Art

I. Introduction Prior to the passing of the Leahy–Smith America Invents Act, commonly referred to as the AIA, one of the prerequisites for obtaining a patent was succinctly captured under 35 U.S.C 102(b). In relevant part, Section 102(b) states that a person shall be entitled to a patent, “unless 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 ….” (emphasis added). The term “printed publication” survived the passage of the AIA, which was signed into law in September 2011, and reappeared in 35 U.S.C. 102(a)(1) of…

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