What types of documents related to abandoned applications can be used as prior art?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 4 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. Various documents related to abandoned applications can serve as prior art: Patent application publications under 35 U.S.C. 122(b) Published abstracts Abbreviatures Defensive publications (see MPEP § 901.06(d) ) Statutory invention registrations (see MPEP Chapter 1100 ) The MPEP explicitly states: “Published abstracts, abbreviatures, defensive publications (MPEP § 901.06(d)), and statutory invention registrations (MPEP Chapter 1100) are references.” This indicates that all these document types can be used as prior art references in patent examination and litigation. Related Rules from the Manual of Patent Examining Procedure 4 rules Collapse Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Same Prior Art for Reissue as Original MPEP 1440 Permitted Declassified Patent Application Required MPEP 130 Court Decisions and Litigation Papers for Reissue Examination MPEP 1442.04 Permitted Other Related FAQs 5 FAQs Collapse What is the status of abandoned applications as prior art? 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?