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Is a pending patent considered prior art[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by Jeff on March 14, 2003 at 04:59:50:
I posted a message on here about a week ago, but no one answered. Is it just one of those type of questions an attorney does not want to answer??? I feel like Eddie Murphy in the movie trading places when he ask "Is there a lawyer in the house"? He gets no response. Here is the question again. If you want to file a patent on something and the only prior art you can find are pending patent applications. Should the pending patent applications be considered prior art? I would like to file a patent on an invention that has never been done before. Someone else already filed a patent on a similar idea, but currently there does not exist any patents granted yet for the invention I would like to patent.
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