How do patent application publications of abandoned applications affect prior art?

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.

Patent application publications of abandoned applications have significant implications for prior art:

• They are considered “printed” publications under 35 U.S.C. 102(a)(1), even if only disseminated electronically.
• The MPEP states: “A patent application publication published under 35 U.S.C. 122(b) of an application that has become abandoned may be available as prior art under pre-AIA 35 U.S.C. 102(e) as of the earliest effective U.S. filing date of the published application and may be available under 35 U.S.C. 102(a)(2) as of the date it was effectively filed.”
• This means that such publications can serve as prior art from their publication date or potentially earlier, depending on the specific statutory provision applied.