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How to stop others pursuing an abandoned application?

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How to stop others pursuing an abandoned application? Video Transcript

If your abandoned application is published by the USPTO, it is within 18 months of the filing of your original application, then it is then prior art. All the things that you have disclosed are prior art against your invention. That will be potentially a blocking disclosure to someone else getting a patent because it is available and published. It is a published reference that could be used to stop another from getting a patent issued. The other way is to proactively publish the content of your abandoned application in a treatise or on the web. That becomes accessible as a reference to stop others. There are other procedures as private companies and there is a procedure called the statutory invention registration that could be done by the patent office to register your invention. That will also stop others from pursuing a patent on an abandoned application that you have made. The only exception is, if they filed it before you filed your application, that will not stop that prosecution from going forward. Only for new inventions that were invented after the filing of your application is where you will be able to stop others from practicing a monopoly right surrounding an invention that you have filed patents for but later abandoned.
 

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© PatentExpress.com All rights reserved. Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Please note that your access to and use of PatentExpress.com is subject to additional terms and conditions. 05-23-2012