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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: There has been a patent application that was approved, however in the non-patent citation, there is previous art similar

This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.

Michael Byrne
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answered on Sep 6, 2023

The specific dates (not given in your question) might be the reason. If not and if the prior art really is "exactly the same" then the application could have been granted in error. The USPTO provides mechanisms to challenge such patents. For example:... View More

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