A Printed Publication May Be More Than Just A Label

As we have written previously, the PTAB is very active in defining what is and is not a printed publication, and what the PTAB decides can make or break the IPR. A recent decision illustrates yet again the pitfalls that petitioners can face when attempting to prove that a reference is a printed publication. In IPR2016-01614, the petitioner cited a drug label as a printed publication, and though it had a copyright date, the PTAB wanted to see more than just what was on the face of the label.

To be considered a printed publication, a document must be publicly accessible. For example, the document may be accessible because it was indexed and searchable on a website. In IPR, the burden falls on the petitioner to show accessibility.