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

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.

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Tags: patent law, prior art