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Author Topic: Reciting from a not yet published application in a new application  (Read 651 times)

Patentstudent

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One question for the experts.
Let's presume that I filed a patent application in a European country for a table with 5 legs approx. 6 months ago, so the application is still in the secret, non-published, phase.

Now I invented an accessory to be used in conjunction with tables. I want to file a patent application for this accessory and I want to make sure that it also applies to my table with 5 legs. Can I just describe my table with 5 legs (as described in my patent application for that table) and describe the use of my new accessory in combination with the 5-legged table? When describing the 5-legged table in my patent application for the accessory, do I have to refer to my patent application for that table by mentioning the number of the patent application for the table?

Thank you for your advice.   
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JimIvey

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Can I just describe my table with 5 legs (as described in my patent application for that table) and describe the use of my new accessory in combination with the 5-legged table?

Yes.

When describing the 5-legged table in my patent application for the accessory, do I have to refer to my patent application for that table by mentioning the number of the patent application for the table?

No.

Though, you should cite the EPO application in an IDS.  It's probably a good idea to re-cite it when it's published.

Regards.
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James D. Ivey
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Patentstudent

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Jim, thank you for your clear answer.
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