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If “A” files a patent in US and also file international patent application, but fail to get patent granted in China, can “B” in China use the technology disclosed in this international patent application to develop and market its product in China?

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  • Yes - patent rights are territorial. A granted U.S. patent provides the patentee the right to control making, selling, using and importing to the U.S. To stop anything that happens in another country requires an issued patent in that location.
    – George White
    Aug 4, 2014 at 5:40

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Assuming the patent was fully rejected in China and no further appeals or litigation of the patent will occur, you might be able to use the patented technology in China. However, if there is a US patent and your china based company decides to distribute the product in a country where the patent is valid, you may still face patent infringement. This is not legal advice.

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