Q: If an app in in the playstore but no Patent is present of that, can I Patent my App idea which is almost the same as it
A: The short answer is probably not. If if is not identical to what you are doing, you would likely have to convince the patent office that it is not obvious over what is already publicly available. In order for a more complete answer (the details matter) you would need to speak with a patent attorney or agent to look at your specific situation. In general, most apps are not patented since they tend to move so rapidly, but of of course sometimes it is a good idea to try to get a patent.
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