Are all abandoned applications available as prior art references?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. Not all abandoned applications are available as prior art references. The MPEP 901.02 provides important distinctions: “Abandoned applications (except those which have been destroyed) are, of course, available to the public for inspection and copying.” However, it’s crucial to note that some abandoned applications may have been destroyed, particularly older ones. Additionally, applications that were not opened to public inspection due to national security concerns or other reasons may not be available as prior art references. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Abandoned Application Publication as Prior Art MPEP 901.02 Permitted File Contents of Abandoned Applications May Be Publicly Available MPEP 901.02 Permitted Disclosure from Abandoned Application Available as Reference MPEP 901.02 Subject Matter from Abandoned Applications Can Be Used as Prior Art MPEP 901.02 Permitted Publicly Available Information as Prior Art MPEP 901.02 Permitted Common Subject Matter from Abandoned App MPEP 901.02 Common Subject Matter from Abandoned Applications MPEP 901.02 Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Published Abstracts and Defensive Publications Are References MPEP 901.02 Canceled Matter as Prior Art MPEP 2127 Other Related FAQs 5 FAQs Collapse What is the significance of abandoned applications in patent examination? How can abandoned applications be accessed for prior art searches? Can an abandoned application be used as prior art? What are the exceptions to the 18-month publication rule for patent applications? How should foreign patents and foreign published applications be cited?