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1

Can my new idea be patentable? The answer is maybe. You clearly are distinguished from patent PA and as such don't infringe on that patent. What you don't know is whether there is any other prior art either in the patent literature or otherwise that makes your invention non-patentable. For instance there very well might already be a patent specifying only ...


3

It is a single document, and it is the prior art that is deemed to be the closest to the claimed invention. Should the closest prior art change during prosecution, you have to amend the preamble accordingly. You are also supposed to explicitly indicate in the background section of your patent application which among all cited documents is the closest prior ...


2

No the USPTO will have no responsibility for missing a particular prior art document. In a comment the OP clarified that PA resulted in a patent. That was not stated in the original question. In that case the two patents have overlapping claims and if anyone makes a product within that overlap subject matter either of the two parties could sue the producer ...


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