711.06(a) Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References [R-10.2019]

It is important that abstracts, abbreviatures, and defensive publications (OG Defensive Publication and Defensive Publication Search Copy) be referred to as publications.

These printed publications are cited as prior art under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or 102(b) effective from the date of publication in the Official Gazette. See Ex parte Osmond, 191 USPQ 334 (Bd. App. 1973) and Ex Parte Osmond, 191 USPQ 340 (Bd. App. 1976).

An application or portion thereof from which an abstract, abbreviature or defensive publication has been prepared may be used as a reference under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a), effective from the actual date of filing in the United States, only for evidence of prior knowledge of another.

These publications may be used alone or in combination with other prior art in rejecting claims under 35 U.S.C. 102(a)(1) or 103 or pre-AIA 35 U.S.C. 102 and 103.

Defensive Publications are listed with “U.S. Patent Documents.” Abstracts and Abbreviatures are listed under “Other References” in the citation thereof as follows:

  • (A) Abstracts and Abbreviatures
    • Brown, (abstract or abbreviature) of Serial No. …….., filed …………., published in OG ………, on …….., (list classification).
  • (B) Applications or designated portions thereof, abstracts, abbreviatures, and defensive publications
    • Jones, Application Serial No. …….., filed …………., laid open to public inspection on …………… as noted at ………. OG (portion of application relied on), (list classification, if any).