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Can someone else copy, use and sell or import the subject-matter contained in la refused app? Is a refused app part of prior art?

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  • Define "refused." Do you mean the application was rejected? And if so, was it then abandoned? Furthermore, which country (or countries) are we talking about? – Matthew Haugen Oct 15 '14 at 7:09
  • Epo stated "refused", not "rejected". Prior to this the same application was also called "closed" – user7617 Oct 15 '14 at 17:25
  • The application was not "abandoned" by nobody. An Appeal was raised against the decision of EPO to "close "the application with the EPO Boatd of Appeal. This appeal was initially accepted and further on considered as "inadmissible " by the same Board of Appeal – user7617 Oct 15 '14 at 17:32
  • I would suggest that you add to your question (1) the area of the application (2) any references if possible (3) the reason (if possible) given for the refusal (4) the country for which you applied -- patent law varies between countries, and some subject matter is not patent-able is some countries, but there are usually ways around that – Soren Oct 16 '14 at 0:57
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Only a granted patent provides any right of enforcement and everything published is potentially prior art. A magazine article, a newspaper story,a blog entry, a granted patent, a published application that went abandoned.

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