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Does prior art encompass both:

  • published applications with search report, and
  • closed applications, too?
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I'm not sure what you mean by a "closed" application. Can you clarify that? –  George White Jan 12 at 2:04

2 Answers 2

Anything "published" can be used as prior art if it meets the timing requirement and is not disqualified as being too far afield. It might be an issued patent, a published patent application that was abandoned before any search or examination has taken place, an article in a magazine, a web posting, an ancient sacred text, or the proverbial back of a cereal box. The definition of what is and what isn't published can be complicated.

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I meant a published patent application that was disqualified because extended Search report was wrong. In fact search report did not touch the subject matter of the application that remained thus unveiled... –  user7617 Jan 12 at 13:28
    
Anything published "is good for what it teaches" regardless of its status or treatment in a patent system. –  George White Jan 12 at 17:20
    
Thanks for the reply. Whose intellectual property is that then? –  user7617 Jan 12 at 20:02
    
Who, if anyone, has IP rights to a published document has nothing to do with its value as prior art in showing another patent claim being not new. –  George White Jan 12 at 20:19
    
did not get this last topic –  user7617 Jan 12 at 22:11

I believe the question is asking if prior art encompasses both refernces cited in the 892 and the examiner's search report. The prior art in the search report is all the references which showed up during the examiner's search. The prior art in the 892 is the references which the examiner considered and are part of the patent application record.

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