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Non-published patent application prior art?

fredmcgriff's Avatar

I submitted a not-so-ready non-provisional. It was never published due to missing items, then was abandoned (unintentional). Is it prior art if it was never published? I say no because it is not in public domain. Trying to decide if I need to spend the $1,500+ to revive it only to file a continuation. Or just file a new application as if it never existed (since it didn't publish).

Thanks!

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magurn's Avatar

Hi Fred!

Edison Nation cannot provide you legal guidance on patent matters. We would suggest posing this question to a patent attorney to make the best decision on next steps.

Best of luck!

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magurn's Avatar

Hi John!

I was responding on behalf of the company and its stance - this is standard for us. If you have additional guidance you can provide you're certainly welcome to.

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