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I a patient is abandoned due to unpaied fees filed 2015? Can I take it over to produde? US20160095351A1 called hydro puff. There is another produce called top puff that looks the same too. How do I proceed? Also I'm from Canada and it's a US patent.

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  • The document cited is an application, not yet a patent. – Eric S Jan 30 at 14:37
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US20160095351A1 is a US patent application. It is not a granted patent. Looking at the application on the US Public Pair site it is listed as "Abandoned -- Failure to Respond to an Office Action" as of 02-02-2018. The application went through a series of rejections and I'm guessing the applicant gave up. You can read these correspondences by going to Pair selecting "Publication Number" and entering "20160095351". The "Image File Wrapper" tab provides links to the documents.

At this point, this application doesn't stop you from producing the described product. However, it is possible there is another patent that might. It would be good to read the rejection documents as the patent examiner might cite other active patents that are relevant. For example the examiner cited US20140083520A1 which was granted as patent US9788574B2. Also, patents are territorial so a US patent only protects products sold or manufactured in the US. If you are going to exclusively manufacture and sell outside the US, then a US patent isn't a problem. You do have to be concerned with equivalent foreign patents.

Just to be clear, I am not a lawyer and this isn't legal advice. Consulting with an actual patent attorney about freedom to operate is always a prudent action.

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