Application deemed withdrawn

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Razdaq
Posts: 2
Joined: Wed Sep 09, 2015 10:39 am

Application deemed withdrawn

Post by Razdaq » Wed Sep 09, 2015 11:05 am

I am interested of using a patent which have the following status: "application deemed to be withdrawn/application refused". Can I use this patent for free? It is allowed to apply for the same Patent without being the original inventor?


Sathish
Posts: 1
Joined: Thu Sep 10, 2015 5:54 am

Re: Application deemed withdrawn

Post by Sathish » Fri Sep 11, 2015 11:44 am

You can use the patent application and practice it..however you cant apply for same patent as this patent application will act as prior art for your application.
use patent application....(its not a granted patent)


Razdaq
Posts: 2
Joined: Wed Sep 09, 2015 10:39 am

Re: Application deemed withdrawn

Post by Razdaq » Mon Sep 14, 2015 6:56 am

But if I will buy the rights from the former applicant, can I reactivate the patent?
Or once the "application deemed withdrawn" will be for ever not possible to grant the patent, and anybody can use it for free?


EPO / Patent Information
Posts: 482
Joined: Wed Nov 12, 2014 3:36 pm

Application deemed withdrawn

Post by EPO / Patent Information » Tue Sep 22, 2015 7:43 am

If the patent application deemed to be withdrawn has been published, it has been made available to the general public and no longer fulfils the criteria for patentability.

You will need to make sure that the application is not granted in the country in which you would like to use the information for free.

For more information please see our web page How to apply for a patent, where you will also find links to our guidelines for applicants.
Kind regards,

The Patent Information User Support Team


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