What is the status of unpublished U.S. applications as prior art under pre-AIA 35 U.S.C. 102(e)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 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. Unpublished U.S. applications can serve as prior art under pre-AIA 35 U.S.C. 102(e) in certain circumstances. According to the MPEP, If an earlier filed, copending, and unpublished U.S. patent application discloses subject matter which would anticipate the claims in a later filed pending U.S. application which has a different inventive entity, the examiner should determine whether a provisional rejection under pre-AIA 35 U.S.C. 102(e) of the later filed application can be made. However, this is subject to specific conditions, such as common assignee, applicant, or inventor. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Rejection Over Pre-AIA 35 U.S.C. 102(e) Requires Common Inventor or Assignee MPEP 2136.01 Required Subject Matter Qualifying as Prior Art Under Other Subsections Not Disqualified by Pre-AIA 103(c) MPEP 2136.01 Form Paragraph for Provisional Rejection Under Pre-AIA 102(e) MPEP 2136.01 Recommended Requirement for Determining Provisional Rejection of Later Filed Application MPEP 2136.01 Recommended Pre-AIA Prior Art Under 103(c) MPEP 2136.01 Provisional Rejection Based on Redacted Publication MPEP 2136.01 Permitted Provisional Rejection Based on Redacted Publication MPEP 2136.01 Permitted Provisional Rejection of Later-Filed Application Based on Unpublished Earlier-Filed Application MPEP 2136.01 Required Provisional Rejection When Earlier Application Becomes Prior Art MPEP 2136.01 Confidentiality Requirement for Unpublished Applications MPEP 2136.01 Required Other Related FAQs 5 FAQs Collapse How does the CREATE Act affect provisional rejections under pre-AIA 35 U.S.C. 103(a)? How can a provisional rejection under pre-AIA 35 U.S.C. 102(...