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Should Posts On Social Networking Websites Be Considered "Printed Publications" Under Patent Law?, Xiaojing Li
Should Posts On Social Networking Websites Be Considered "Printed Publications" Under Patent Law?, Xiaojing Li
Xiaojing Li
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.