On 10/18/2011 10:04 PM, Rich Cooper wrote:
> Published material is defined, for patent purposes, as anything in the
> public marketplace which can be interpreted by a Posita (Person of
> Ordinary Skill in the Art) adequately to practice the invention. So if
> it is behind a firewall and not for sale, it is not in the public
> marketplace. But if it is in a scientific journal, in the IEEE, or even
> in Popular Science adequately described for a Posita, then it qualifies
> as published material for invalidating patents. (01)
Yes. Any information that is made public in any form is sufficient
to inform anybody who is knowledgeable about the subject. (02)
AH
> What is the status of a blog post? Or a google group for that matter?
> Do they constitute published material?
> What if it is behind a paywall, or at least requires a login? (03)
The basic question is whether any knowledgeable person who does
a literature search can find it. If Google and Bing index it,
then it is accessible. (04)
But to make sure that it's accessible, it would help to publish it
on some site that has wide circulation or a high ranking on the
search engines. (05)
John (06)
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