MPEP § 711.06(a) — Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References (Annotated Rules)
§711.06(a) Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References
This page consolidates and annotates all enforceable requirements under MPEP § 711.06(a), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References
This section addresses Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References. Primary authority: 35 U.S.C. 102(a)(1), 35 U.S.C. 102(a), and 35 U.S.C. 102. Contains: 2 permissions and 2 other statements.
Key Rules
Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)
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. See Ex parte Osmond, 191 USPQ 334 (Bd. App. 1973) and Ex Parte Osmond, 191 USPQ 340 (Bd. App. 1976).
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. See Ex parte Osmond, 191 USPQ 334 (Bd. App. 1973) and Ex Parte Osmond, 191 USPQ 340 (Bd. App. 1976).
These publications may 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.
Right of Public to Inspect (MPEP 103)
Defensive Publications are listed with “U.S. Patent Documents.” Abstracts and Abbreviatures are listed under “Other References” in the citation thereof as follows:
- (A) Abstracts and Abbreviatures
- Brown, (abstract or abbreviature) of Serial No………, filed…………., published in OG………, on…….., (list classification).
- (B) Applications or designated portions thereof, abstracts, abbreviatures, and defensive publications
- Jones, Application Serial No………, filed…………., laid open to public inspection on…………… as noted at………. OG (portion of application relied on), (list classification, if any).
Defensive Publications are listed with “U.S. Patent Documents.” Abstracts and Abbreviatures are listed under “Other References” in the citation thereof as follows:
(B) Applications or designated portions thereof, abstracts, abbreviatures, and defensive publications Jones, Application Serial No………, filed…………., laid open to public inspection on…………… as noted at………. OG (portion of application relied on), (list classification, if any).
Pre-AIA 102(a) – Known or Used (MPEP 2132)
An application or portion thereof from which an abstract, abbreviature or defensive publication has been prepared may be used as a reference under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a), effective from the actual date of filing in the United States, only for evidence of prior knowledge of another.
Citations
| Primary topic | Citation |
|---|---|
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | 35 U.S.C. § 102 |
| Pre-AIA 102(a) – Known or Used (MPEP 2132) Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | 35 U.S.C. § 102(a) |
| Pre-AIA 102(a) – Known or Used (MPEP 2132) Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | 35 U.S.C. § 102(a)(1) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 711.06(a) — Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References
Source: USPTO711.06(a) Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References [R-10.2019]
It is important that abstracts, abbreviatures, and defensive publications (OG Defensive Publication and Defensive Publication Search Copy) be referred to as publications.
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. See Ex parte Osmond, 191 USPQ 334 (Bd. App. 1973) and Ex Parte Osmond, 191 USPQ 340 (Bd. App. 1976).
An application or portion thereof from which an abstract, abbreviature or defensive publication has been prepared may be used as a reference under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a), effective from the actual date of filing in the United States, only for evidence of prior knowledge of another.
These publications may 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.
Defensive Publications are listed with “U.S. Patent Documents.” Abstracts and Abbreviatures are listed under “Other References” in the citation thereof as follows:
- (A) Abstracts and Abbreviatures
- Brown, (abstract or abbreviature) of Serial No. …….., filed …………., published in OG ………, on …….., (list classification).
- (B) Applications or designated portions thereof, abstracts,
abbreviatures, and defensive publications
- Jones, Application Serial No. …….., filed …………., laid open to public inspection on …………… as noted at ………. OG (portion of application relied on), (list classification, if any).