What is the definition of “prior art” in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 8 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. The term “prior art” in patent law refers to all information that has been made available to the public before a given date that might be relevant to a patent’s claims of originality. This includes existing patents, published patent applications, and other publicly available documents or information. While the MPEP 901 doesn’t provide a direct definition, it references other sections that discuss prior art in detail. Specifically, it states: “ Note 37 CFR 1.104(a)(1) in MPEP § 707. See also MPEP § 2121 – § 2129. “ These referenced sections provide comprehensive information on what constitutes prior art and how it’s applied in patent examination. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Same Prior Art for Reissue as Original MPEP 1440 Permitted Documents Must Be Potentially Relevant to Examination MPEP 1134.01 Third-Party Submissions Must Be Relevant MPEP 1134.01 Prohibited Declassified Patent Application Required MPEP 130 Subject Matter of Original Claims Must Be Constructively Elected MPEP 1440 Prohibited Claims of Reissue Evaluated as Original Patent MPEP 1440 Claims of Reissue Evaluated as Original Patent MPEP 1440 Other Related FAQs 5 FAQs Collapse Can an abandoned application be used as prior art? What are the exceptions to the 18-month publication rule for patent applications? What is the significance of abandoned applications in patent examination? How should foreign patents and foreign published applications be cited? What information should be included when citing U.S. patent documents?