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Patents are territorial. A U.S. patent only gives its owner rights to try to exclude others from making, selling, offering for sale, importing and using the invention in the U.S. If there is no patent in some other jurisdiction then anyone else might be able to make. sell, etc. in that location. I say might becasue there may be some other reason that the ...


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As Eric mentioned in a comment, the issue is degree of disclosure. It can be a subtle issue. A publication that explained a result but did not show how to achieve the result would not be novelty breaking. If you think that might be your situation you can file an application and provide the USPTO with all of the information about the publication. Dates, ...


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Absolutely, patent prosecution is a process. One may amend claim wording to narrow and avoid cited prior art, cancel some claims, or cancel all claims are submit a new set of claims. One may also argue that the cited reference is not valid prior art based on its date or not being in an analogous art, or not teaching all elements of the claim in question.


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To avoid infringement, you need to implement each and every element in any single claim. Thus if a claim has elements A, B, C and D and your product only implements A, B and C, then you don't infringe on that claim since you don't use D. However if your product uses A, B, C, D and E, you do infringe as you implement each and every element of the claim. ...


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