Re: Published patent application

Subject: Re: Re: Published patent application

Comments:
: Yes, you are correct about rewriting the claims ... assuming both apps disclose the same material then the company which owns the app which was filed first can rewrite their claims to block the second. the first will then issue and the second app will then receive a double patenting rejection. It will then be the burden of that party (the company which owns the second app) to show they were the first to invent and they can ask for re-examination of the first app. : The reason for publication of apps which will be foreign filed is that almost all foreign countries and the PCT will publish applications so the US is just trying to keep up with the process and make this information available to the public and the examiners and the office in order to be fair when examining patent applications

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