Are all abandoned applications available as prior art references?
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.
To learn more: