unpublished patent application as prior art

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Joined: Wed Nov 02, 2016 2:39 pm

unpublished patent application as prior art

Post by Surjit » Wed Nov 02, 2016 3:10 pm

Dear respected members,

I filed a patent application wherein prima facie two separate inventions have been disclosed. The first invention has been described properly. However, I agree with the search report that the second invention has not been properly described. Now I like to file a separate application for the second invention, because the first application cannot be divided into two as the description of the second invention is not complete. I am within the first year (12 months) of the first application.

Now my questions are:
1) Will the first application, which contains part disclosure of the second invention, be cited as prior art against the second application which is filed within the first year of the first application?
2) How far will that part disclosure of the second invention in the first application be a hurdle for the second application wherein complete disclosure of the second invention is being made?

I am asking these questions because by the time the second application is examined/searched, the first application will be most likely published. Please note that the two applications are from the same inventor and applicant.



EPO / Patent Information
Posts: 535
Joined: Wed Nov 12, 2014 3:36 pm

Unpublished patent application as prior art

Post by EPO / Patent Information » Mon Jan 23, 2017 11:35 am

Dear Surj,

At which patent authority did you file your applications? You will need to contact that office for more concrete information.

If you filed at the European Patent Office, please send your queries per e-mail quoting your application number(s) to support@epo.org who will forward your query to the department dealing with your

Please accept our apologies for not having answered earlier.
Kind regards,

The Patent Information User Support Team

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