[Patentpractice] non-pub request for case claiming priority from abandoned foreign application

Jeffrey Semprebon jesemprebon at gmail.com
Tue Apr 30 20:34:55 UTC 2024


Real concern probably isn't that the USPTO will call out the Applicant on
this. More serious issue is if the USPTO doesn't catch it, and the issue is
first raised by an accused infringer in litigation. Seems awfully easy for
them to point the court at that language and point at Israel's 18-month
publication rule. Good luck arguing "It doesn't actually count if the
application isn't pending."

-Jeff
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