35 USC 102(c) "Abandonment"

by patentbar on November 27, 2007 · 3 comments

in 35 USC 102(c), MPEP 2100

35 USC 102(c) – inventor intended to abandon invention. Inventor must intend to dedicate his invention to the public (a delay in the application process is not sufficient proof for abandonment).

{ 3 comments… read them below or add one }

1 NikNo Gravatar February 9, 2008 at 2:40 am

Note: abandonment under 103(c) is abandonment of the invention, NOT a patent application. An inventor can abandon an application, and so long as no prior art issues arise, file another application drawn to identical subject matter, provided there is not proof of the inventor’s intent to dedicate his inventiuon to the publication

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2 vmanNo Gravatar June 20, 2008 at 12:40 am

File another case with the identical matter …

Hmm, so if I’m an inventor and I have published an article which disparages the concept which the invention is based on. How would this publication not affect the new application I submit?

I assume no 102 a,b issues ofcourse.

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3 Aug25/2008No Gravatar November 14, 2008 at 2:22 am

correction: abandonment of invention is 102(c).

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