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Abandonment

Postby Levi Porter » Mon Jul 26, 2010 2:07 pm

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Levi Porter
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Can an abandoned application be later used as reference to prior art if it was never published?

Re: Abandonment

Postby CriterionD » Wed Jul 28, 2010 5:18 pm

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If an application is abandoned and has never been published then for all due purposes it might as well not exist.


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Re: Abandonment

Postby Scrupulous » Thu Jul 29, 2010 2:13 pm

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CriterionD wrote:If an application is abandoned and has never been published then for all due purposes it might as well not exist.


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Pretty much.

And that goes for expired provisionals, too.

One exception would be for an unpublished, abandoned application whose benefit is being claimed in a later published application/patent.

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