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ARTICLE · 02 MARCH 2026

When Is A Presentation A "Printed Publication" Under U.S. Patent Law?

A question that often arises is: would a presentation of an invention be considered a printed publication under 35 U.S.C. §102(a)(1), potentially barring future patentability?

United StatesIntellectual Property

A question that often arises is: would a presentation of an invention be considered a printed publication under 35 U.S.C. §102(a)(1), potentially barring future patentability?

A court finds a disclosure to be a printed publication where it has been made publicly accessible to persons of ordinary skill in the art (POSITA). Where the disclosure is a temporary presentation, rather than a printed paper, a court considers facts of the case according to a number of factors including: (1) duration of the temporary presentation; (2) expertise of the audience; (3) if there was a reasonable expectation that the disclosure would be held secret; and (4) ease of which the temporary presentation may be copied.

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