Withdrawn patent as prior art

Dear all,

Can a withdrawn patent application act as a prior art for objection raised during examination of an Indian patent application.

YVerma2007 (Registered Patent Agent) 28 December 2011

No, only if it was withdrawn before publication. If it was published (18 month publication ), it will definetly serve as prior art

(Guest)

Dear Navya,

YVerma2007 is absolutely correct. Only if the application was withdrawn post publication will it serve as prior art.

Regards,

Abhinav Bhalla

www.brbhallaassociates.com

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