Canceled Matter in U.S. Patent Files

FederalAgency guidance

Ask Donna

How this section applies to your facts.

USPTO MPEP › Chapter 0900 - Prior Art, Search, Classification, and Routing › MPEP § 901.01

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Canceled matter in the application file of a U.S. patent or U.S.

application publication is not a proper reference as of the filing date under

35 U.S.C.

102(a)(2)

pre-AIA 35 U.S.C. 102(e)

. See

Ex parte Stalego,

154 USPQ 52, 53 (Bd. App. 1966). However, matter

canceled from the application file wrapper of a U.S. patent or U.S. application

publication may be used as prior art as of the patent or publication date, respectively,

in that it then constitutes prior public knowledge or prior public availability under

35 U.S.C.

102(a)(1)

pre-AIA 35 U.S.C. 102(a)

. See, e.g.,

In re Lund,

376 F.2d 982, 153 USPQ 625 (CCPA 1967). See also

MPEP §

2127

and

§ 2136.02

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.