What is the status of abandoned applications as 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.

Abandoned applications can serve as prior art under certain conditions:

• If the abandoned application was previously published under 35 U.S.C. 122(b), it’s considered prior art as of its publication date under pre-AIA 35 U.S.C. 102(a) and 102(b) and 35 U.S.C. 102(a)(1).
• The MPEP states: “If an abandoned application was previously published under 35 U.S.C. 122(b), that patent application publication is available as prior art under pre-AIA 35 U.S.C. 102(a) and 102(b) and 35 U.S.C. 102(a)(1) as of its patent application publication date.”
• Unpublished abandoned applications may become prior art if they are identified or claimed in certain published documents, as per 37 CFR 1.14(a)(1)(iv).