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Application for patent published 2003..Same idea as mine.
Posted by Anonymous . updated on 9/9/2009
If someone has submitted a application for patent and it's been published (July 2003 ??), does this mean I can't apply for a patent with the same idea?
Answers (1)
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Sanaa T...
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Hi there,
You will have to contend with this as your prior art. Since it is the same idea which is in the processes of being issued a patent,there are least likely chances that the USPTO may view your invention/idea as a novel one and merit its patentability.
However, you may be able to patent the an improved version of the same idea, if you can figure out its loopholes and improve upon the technology so as to render it novel, non-obvious and useful.
Hope this helps, feel free to contact us at Toll-free: (877)-794-9511 Monday to Friday 9 am to 6 pm or mail us at customer.service@patentexpress.com
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