i am working to sell a product whose patent search results show that "Deemed withdrawal of patent application after publication (patent Law 2001)"
someone please explain this to me
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1Please provide an actual link to the publication.– Eric S ♦May 11 at 13:40
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You don't specify the application number so we can't be definitive. Patent applications generally publish 18 months after filing. It would seem from your question that the application you are asking about was withdrawn after publication and never was granted. This means there isn't a patent and there is no patent protection for the invention described in the application. There are many reasons why an application might be withdrawn or abandoned. The applicant may decide the financial opportunities are not worth the cost of pursuing a patent. They may discover prior art which would invalidate the application. They may want to add more to the patent application and decide to abandon it in favor of pursuing a different application. Should you decide to specify the application number we might be able to clarify by reviewing the files.
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In short - the application becomes prior art if there is no coverage by other earlier not expired patent on the subject– MotiMay 15 at 19:15
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@Moti As I said, it is possible the inventor submitted a different application before publication of the withdrawn application so it wouldn't be prior art to that. Either way, it is "art" and is "prior art" to anything subsequent to publication.– Eric S ♦May 15 at 20:41
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A NEW application sets a new priority date (as far as I know a withdrawn application can not be a base for a continuation/CIP)– MotiMay 16 at 2:27
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@Moti I’m not disputing that. I’m just saying that the abandoned application is not prior art to applications filed before it publishes.– Eric S ♦May 16 at 14:48