To be validly considered as a "printed publication" prior art reference, the marketing brochure must contain an enabling disclosure of the invention. If the marketing brochure merely contains broad sales talk about the general benefits of the invention, but does not contain enough information to allow a person skilled in the art to make or use the invention, the brochure will lack an enabling disclosure, and therefore not be considered a "printed publication" prior art reference.
Remember, however, that printed publications are not the only type of prior art that can be used to invalidate a claimed invention. The claimed invention can also be invalidated under 35 U.S.C. 102(a)(1) if the invention was ever "in public use," "on sale," or "otherwise available to the public." Therefore, a marketing brochure which did not contain an enabling disclosure and which did not qualify as a "printed publication" may still contain evidence (pictures, textual descriptions, prices, etc.) that the invention was in public use, on sale, or otherwise available to the public as of a certain date.
Remember, however, that printed publications are not the only type of prior art that can be used to invalidate a claimed invention. The claimed invention can also be invalidated under 35 U.S.C. 102(a)(1) if the invention was ever "in public use," "on sale," or "otherwise available to the public." Therefore, a marketing brochure which did not contain an enabling disclosure and which did not qualify as a "printed publication" may still contain evidence (pictures, textual descriptions, prices, etc.) that the invention was in public use, on sale, or otherwise available to the public as of a certain date.
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