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Can I patent an invention in Spain that is already patented abroad?

For an invention to comply with the requirement for novelty, it cannot be included in the State of the Art. The State of the Art consists of everything that, prior to the submission date of the patent application, was made publicly accessible in Spain or abroad by a written or oral description, by use or by any other means.

In this case, as the invention has been patented by a company in another country, this invention belongs to the State of the Art and therefore cannot be patented.

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