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Abandonment
by Levi Porter » Mon Jul 26, 2010 2:07 pm
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Levi Porter - Brown Belt
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Can an abandoned application be later used as reference to prior art if it was never published?
Re: Abandonment
by CriterionD » Wed Jul 28, 2010 5:18 pm
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CriterionD - Blue Belt
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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
by Scrupulous » Thu Jul 29, 2010 2:13 pm
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Scrupulous - Black Belt
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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One exception would be for an unpublished, abandoned application whose benefit is being claimed in a later published application/patent.
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