Akin IP Lawyers Publish Article on Prior Art Patent Standard in Law360
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Law360 has published the article “Webpages Must Meet Accessibility Standard To Be Prior Art,” written by Akin intellectual property partner Ruben Muñoz, senior counsel Matthew Hartman and associate Megan Mahoney. The article discusses the requirements for a prior art document to qualify as a "printed publication" in an anticipation or obviousness challenge.
The authors note, “An anticipation or obviousness challenge that relies on a prior art document requires a threshold showing that the reference qualifies as a ‘printed publication.’ Patent challengers, including petitioners at the Patent Trial and Appeal Board, might reasonably assume that if a reference was uploaded to a website before the critical date, the printed publication standard is met. It is not.”
Read the full article here.
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