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It does if it's over 20 years from the application date. It does if you match on a design published before the application date. It does if you change the design just enough not to read onto a single claim.

Honestly, training a generative model on the patent database could be very useful for inventing and invalidating patents. I wouldn't be surprised if examiners are using it in 5+ years. Since they've got required response count and time, I wouldn't be surprised, if they started using it just to speed up their own work.



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