Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
Yes because a patent application is published 18 months from the filing date, save a request for non publication, and the examination of the patent application, in some instances, takes longer than 18 months. Under this situation, a patent application that is published lives side by side along an issued patent. A patent search should have been done to avoid this situation.
Answer Applies to: California