Which of the following situations constitutes "public publication" as mentioned in the patent law?

B.C.

According to Article 22 of the Patent Law, whether the invention has been published in domestic and foreign publications before the filing date is an important aspect to judge whether the invention is novel. Section 2. 1.2. 1 in Chapter III of Part II of the Review Guidelines stipulates the content of "public publication".

As far as option A is concerned, because the report of the provincial government to the State Council belongs to the internal official document of the government and does not belong to the category of "publicity", the new product information recorded in it will not constitute "public publication" as mentioned in the Patent Law.

With regard to option B and option C, according to the corresponding explanations in the Review Guide, it is not limited by the geographical location, age, language or acquisition method of the publication, nor is it affected by factors such as publication circulation, whether people read it or not, and applicants. Therefore, in option B, the scientific and technological books describing a new product displayed in the window of Xinhua Bookstore, although not sold, are in a state of being open to the public, thus constituting public publication. Similarly, the magazine in option C has been published and displayed on the bookshelf of the county cultural center, and readers can obtain new product information through normal borrowing channels. Therefore, whether anyone has actually read the magazine or not, it has constituted public publication as mentioned in the patent law.

With regard to option D, according to the relevant provisions in the Review Guide, since the publication containing the new product appraisal report is for internal use only, it is not a publication in the sense of patent law, so the appraisal report published in option D in this publication does not constitute a public publication.