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ARTICLE · 11 MARCH 2019

What Qualifies As Prior Art?

This blog has previously reported on several PTAB and Federal Circuit decisions concerning what does and does not qualify as prior art:

United StatesIntellectual Property

This blog has previously reported on several PTAB and Federal Circuit decisions concerning what does and does not qualify as prior art:

  • See here for an example of where the PTAB concluded that a product catalog was not publically accessible because the relevant tradeshow was not announced to the public, but where the CAFC found that the catalog was prior art;
  • See here for an example of where the PTAB concluded that a tradeshow catalog qualified as prior art because the catalog was available to the public;
  • See here for an example of where the PTAB concluded that a video stored on a CD is not a publication but see where the CAFC found that the PTAB failed to properly apply the test for a printed publication;

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