Jolt Digest, Harvard Journal of Law and Technology: Public Accessibility Prior to Patent

In Public Accessibility Prior to Patent, Stuart Tubis discusses In re Lister, No. 2009-1060 (Fed. Cir. Sept. 22, 2009), in which the Board of Patent Appeals and Interferences affirmed an earlier § 102(b) rejection of a patent due to its prior public accessibility at the Copyright Office, rejecting Lister’s claim that the manuscript was not accessible to the general public by virtue of its location at the Copyright Office.