Is it Prior Art? Establishing the Publicly Accessible Date

Presented virtually at the Patent Information Users Group 2020 Annual Conference on October 27, 2020, from 2:05 pm to 2:35 pm.

Abstract

This presentation will explore the definition of prior art in U.S. law, and examine the use of non-patent literature to meet this requirement. One of the challenges in admitting prior art to a court is establishing the "publicly available" date. Introducing this information as evidence can be harder than it sounds. Libraries and librarians often play an important role in determining when a particular publication becomes accessible. The record keeping and standard operating procedures that are the hallmarks of any library can win or lose the case.

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