Should Posts on Social Networking Websites Be Considered "Printed Publications" under Patent Law?

Xiaojing Li, Illinois Institute of Technology

Abstract

The emergence of social networking websites imposes a challenge to patent law. Courts should not make a blanket assumption that everything posted on social websites constitute a printed publication. Rather, courts should adopt a refined multiple factor test to help the analysis. This proposal would result in a balance between private and public interests in an invention, and therefore help achieve the ultimate goal of patent law.