Is US 2013/0208181 A1 valid in Australia?


In reference to the patent: US 2013/0208181 A1

Is this patent valid in Australia?


Posted 2015-09-01T11:43:25.943

Reputation: 11



It is not a patent - it is an Application that was filed with US PTO and has now been abandoned. Being abandoned means the invention, if any, disclosed in the application is essentially in public domain and becomes prior art.

Status: Abandoned -- Failure to Respond to an Office Action

Go to USTPO Public PAIR at

and use the number you provided as the publication Number.

Even if it had been a patent - it is not enforceable in Australia, since it would have been granted in US. Whereas given that it is a not a patent - the disclosure in this Application can be treated as prior art for Aptent Application filed in Australia. I hope that answers your question.

However if an equivalent application was filed and granted in Australia (and is still valid) then yes that patent would be enforceable. Is it valid? Who knows. Just because a home application is abandoned in that jurisdiction - it does not mean that any other applications which derive priority are not enforceable in their own jurisdictions.


Posted 2015-09-01T11:43:25.943

Reputation: 324

If my answer was helpful - may I request you to accept it and push the counter on the left up. Thanks – Abhi – 2015-09-02T01:39:58.687