Printed publications: an evolving doctrine

While the PTAB’s decision in Hulu provides some guidance for post-grant proceedings, there is still no bright-line rule as to what constitutes a “printed publication”. Eugene Perez of Birch Stewart Kolasch Birch examines current case rulings.

The US Patent and Trademark Office (USPTO) offers various ways to attack a patent by showing unpatentability in view of prior art, including inter partes review (IPR), ex parte re-examination, and post-grant review (PGR), with IPR being by far the most popular.

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