Can you get a patent for something thats already patented but not on the market?
Ive had a idea for an invention and would like to pursue it, but I learned that there was a patent on a similiar idea that was created in 1999. I havent seen any products similar to the one I want to make, so I dont know if they actual did sell it on the market. Is it possible to make my own patent and not pay them royalties. I hate it when people patent ideas without actually having the invention available to the public. Its like having a cure to a disease, but you cant give the cure out because the first person who thought of the idea hasnt actually let the invention materialize and wont let you do it, or would charge you money for it.
Answers:
No. Patents protect the design, no matter if it is ever made or not. There are lots of patents that never become real. You would have to purchase the patent from the owner, or else have enough design differences as to not infringe on his original patent. You will need a patent lawyer to help you in either case.
No. That's why people get patents. To reserve the idea.
No. You can't
as far as i know, you would have to pay them royalties unless your invention has a fundamental difference.
It could be patent pending, and it is all recorded as yours and not some one else's.
Nope, if there's already a patent on the idea, you can't get another one. Kinda like copywrite infringement.
no, but if you change or improve the way something works, you can patent the change/improvement only.
In order for you to get a patent on something that is already patented you would need to alter yours in some way. you could still essentially make the same thing but by making a few small improvements and changes you could sell something that does the same thing. The laws are kinda Gray in that area I am not sure how much it needs to be different but you see it every day one company makes something and it takes off the next day a different company introduces the same thing but just a little different and depending on what they did theirs might end up selling better.
No. sorry. You could market and make it if you wnat, but you'd better pay royalties if you do not want to get sued and have a large portion of your earnings taken.
That you have posted a question like this on a discoverable site will basically kill your case in a court of law.
Yes, innovation! Innovate on that project and make it better, then patent it. I am an Inventor, and innovator. So do it to it. Slight changes would do the trick.
Don't pay the inventor a nickel, just innovate, if they aren't using the patent for what it is intended to patented for, then they really don't care anyway.
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