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Patent Questions and Advice / Re: Is the date of prior art being considered to determine novelty?
« Last post by Brad on January 16, 2021, 11:30:00 AM »
Oh I see, thanks but does it make a difference if the found art is also mine?
Can I cancel the application that was published in March 2020 and would that make its addition to prior art at the point of its publication or at the point of its filing by me?
That makes it more complicated and you would have to carefully consider the law but in general if the publication was after your filing date or within 12 months of your filing date you may be okay. https://www.law.cornell.edu/uscode/text/35/102