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In 2011 my partner and I abandoned a patent application after publishing because of spiraling costs, since then he has made another application with his new business partners in 2015 which is basically the same thing. Would I be correct saying that the first patent application is within the public domain and is free to be used by anybody including me.

Regards

Bill

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If the second patent is claiming priority from your first application, and if the patent gets grant then it would be an issue.

If the second application filed in 2015 doesn't claim priority from 2011 application then the part disclosed would be in public domain.

But before going on with the use consider consulting and attorney to prevent legal issues in future from your old partner.

  • assumes that the original application was published. – George White Mar 4 at 22:22
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The critical issue is whether or not your original application was published or not. Applications are usually published after 18 months but you may have requested non-publication.

  • The original question states the application published. "... I abandoned a patent application after publishing ..." In any case, this is better as a comment than an answer. – Eric Shain Mar 5 at 2:10

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