What are Abstracts, Abbreviatures, and Defensive Publications in patent law?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

Abstracts, Abbreviatures, and Defensive Publications are historical forms of patent-related publications that were used to disclose inventions without pursuing a full patent:

  • Abstracts: Summaries of abandoned applications, published from 1949 to 1953.
  • Abbreviatures: Specific portions of abandoned applications, published from 1964 to 1965.
  • Defensive Publications: Abstracts of pending applications where the applicant waived rights to an enforceable patent, available from 1968 to 1985.

As stated in the MPEP, A defensive publication is not a patent or an application publication under 35 U.S.C. 122(b); it is a publication. Therefore, it is prior art only as of its publication date.

Tags: Abbreviatures, Abstracts, Defensive Publications, Patent Disclosure, patent law, prior art