How are Defensive Publications cited as prior art?

Defensive Publications are cited as prior art under specific conditions:

• They are considered printed publications and cited under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or 102(b).
• They become effective as prior art from the date of publication in the Official Gazette.
• They can be used alone or in combination with other prior art in rejecting claims under 35 U.S.C. 102(a)(1) or 103 or pre-AIA 35 U.S.C. 102 and 103.

The MPEP states: These printed publications are cited as prior art under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or 102(b) effective from the date of publication in the Official Gazette.

To learn more:

• Defensive Publications
• Prior Art
• Patent Examination
• Official Gazette
• 35 U.S.C. 102

To learn more:

• 35 U.S.C. 102