QUESTION
Does abandoned or withdrawn patent application remain as prior art?
Asked on Sep 15th, 2014 on Patents - Utah
More details to this question:
I have a patent application in appeal that has never been published. If the application is withdrawn or abandoned does the USPTO count information in the application as prior art? If an application is withdrawn or abandoned can a new application be submitted? If so, can the application be narrower in scope than the previous application? Thanks.
1 ANSWER
Intellectual Property Attorney serving South Jordan, UT
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If it was published, it can be used as prior art. If it was never published (in any way), it cannot.
Answered on Sep 16th, 2014 at 7:20 PM