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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

1 Answer 1

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

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