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Application deemed withdrawn

Posted: Wed Sep 09, 2015 11:05 am
by Razdaq
I am interested of using a patent which have the following status: "application deemed to be withdrawn/application refused".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?

Re: Application deemed withdrawn

Posted: Fri Sep 11, 2015 11:44 am
by Sathish
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)

Re: Application deemed withdrawn

Posted: Mon Sep 14, 2015 6:56 am
by Razdaq
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Or once the "application deemed withdrawn" will be for ever not possible to grant the patent, and anybody can use it for free?

Application deemed withdrawn

Posted: Tue Sep 22, 2015 7:43 am
by EPO / Patent Information
If the patent application deemed to be withdrawn has been published, it has been made available to the general public and no longer fulfils the criteria for patentability.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.