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Prior Art: The Patent Pitfall

Larson & Larson

The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office. It also includes designs that have been published anywhere in the world or things that have been used anywhere in the world.

Art 52
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Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

There’s a significant probability that someone already owns the rights to the content even if you cannot locate an explicit declaration stating that it is intended for public use. It would be preferable to obtain written authorization from the copyright owners before using the original content.