What does "Patent Abandoned -- Failure to Respond to an Office Action " mean?
Posted in the Patent / Trademark Law Forum
#1 Aug 25, 2011
I recently conducted a personal patent search and found a similar application to my invention.
However, I found it doesnít have a patent number and itís status is filed as "Abandoned -- Failure to Respond to an Office Action." since 2006.
Can I assume that patent wasnít granted (lack of Patent Number/date and status abandoned and last status filled 5 years ago?) and that I am free to submit a similar patent without worrying that it may be revoked due to an existent approved patent?
#2 Aug 25, 2011
Yes, the patent wasn't granted. Therefore the same rules and requirements are applicable as when you apply for a new patent.
#4 Oct 3, 2011
No, you cannot submit the similar invention again. As rejected once means similar invention exist in market or with PTO. File another application with new claims and inventions which is obvious, novel and has usage value.
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