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Q65. Unpublished Prior Art

Q65. Unpublished Prior Art
 Does a disclosure in unpublished prior application prevent later filed patent application from grant?

A65. Yes. Art.29-2 settles:
 Where an invention claimed in a patent application is identical with an invention or a device disclosed in the specification or drawings originally attached to the request of another application for a patent or of an application for a utility model registration which was filed prior to the filing date of the patent application and for which the Patent Gazette which states the matter referred to in each paragraph of Art. 66(3) of the said Law (hereinafter referred to as “the Gazette containing the Patent”) was published under the said subsection or the laying open for public inspection was effected or the Utility Model Gazette which states the matter referred to in each paragraph of Art. 14(3) of Utility Model Law (No. 123 of 1959) (hereinafter referred to as “the Gazette containing the Utility Model”) was published under the said subsection after the filing of the patent application, a patent shall not be granted for the invention notwithstanding Art. 29(1).