This page consolidates MPEP guidance interpreting 37 CFR § 1.139, including 6 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

Section 37 CFR 1.139 addresses the conditions under which an abandoned patent application may serve as prior art evidence when appropriately disclosed.

What this section covers

• Abandoned patent applications can become prior art evidence only when they have been appropriately disclosed.
• Specific legal precedents guide the recognition of abandoned patent applications as prior art references.

Key obligations

• Abandoned patent applications become available as prior art only from the date the public gains access to them.
• Verify that essential subject matter from abandoned applications is properly carried over and referenced.

Practice notes

• Compare the applicant's filing date with the patent reference's issue date when evaluating prior art status.
• Consider differences in prior art treatment under AIA regulations, particularly regarding canceled or modified application content.

Related Provisions

• 37 CFR § 1.14
• 35 U.S.C. § 119
• 35 U.S.C. § 120
• 35 U.S.C. § 102

Based on MPEP Last Modified: 10/30/2024 08:50:22