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