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The patent is invalid if it can be proved that the innovation was devised by someone else and that they were not the first to know about it, use it, patent it, or publish it.
The obvious alternatives would be to follow a strategy that does not infringe the patent or to take into account asking the patent owner if a patent license would be possible if it were determined that a patent was valid and would be violated by a certain activity.
People frequently have the ability to invalidate a patent by identifying previous art that is more pertinent than what is contained in the file wrapper. Introducing prior art, such as a publication or earlier patent, is one example.
The effective prior art date becomes the application's filing date of the prior art patent if such a prior art patent was issued within a year of the application's filing date. The date of public release or actual publication needs to be checked for foreign patents and publications.
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