Patenting an invention in the U.S. that may be patented elsewhere

Question

Is it possible to patent an invention in the United States, if someone else has patented a similar invention already in another country, but does not hold a U.S. patent? Thank you!

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Answers: 4 public & 0 private

Lawrence lau
IP Broker

If minor variation, consider the petty patent (sometimes called innovation patent) instead. However you may still need freedom to operate clearance. But the world is moving towards absolute novelty standard so trying to arbitrage between PCT zones leaves you vulnerable to inter partes review which could disallow ALL claims.

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