published?

[Melvin]

Sir Joe,
 Are electronic documents considered published? How about those articles posted under Saying Your Piece in your forum?
Thank you.

[Joe Carillo]

Are electronic documents considered published? I would think so.

I’m not aware, though, if there’s already a corresponding law in the Philippines that considers an electronic publication a printed publication. In the United States, the U.S. Patent and Trademark Office has this provision for Electronic Publications as Prior Art:

Status as a “Printed Publication”

An electronic publication, including an on-line database or Internet publication, is considered to be a “printed publication” within the meaning of 35 U.S.C. 102(a) and (b) provided the publication was accessible to persons concerned with the art to which the document relates. See In re Wyer, 655 F.2d 221, 227, 210 USPQ 790, 795 (CCPA 1981) (“Accordingly, whether information is printed, handwritten, or on microfilm or a magnetic disc or tape, etc., the one who wishes to characterize the information, in whatever form it may be, as a ‘printed publication’ * * * should produce sufficient proof of its dissemination or that it has otherwise been available and accessible to persons concerned with the art to which the document relates and thus most likely to avail themselves of its contents.'" (citations omitted).).