No, not if the product you are producing is covered by patents. You could however contact the patent holder and negotiate a licence to produce (you would have to pay the holder royalties), if the patent holder is amenable to this.
Contact a patent attorney to patent your idea.
20 years
A patent grants the holder the rights to produce the product. Only they can make it for the length of the patent. They can also license out the rights to make something. Anyone else making the product can be sued for violation of the copyright.
Legally you can, however there is nothing protecting you from having your product idea stolen so its probably not a good idea
Absolutely. The term "patent pending" applied to a product has no legal ramifications. It's just advertising that they are trying to patent the technology that went into the product. Only an issued patent is enforcable. Some products will print patent numbers on their packaging if patents have issued for the technology. You cannot get a patent for something you didn't invent though. Filing a patent application involves signing an oath, and lying under oath is perjury. Patent pending can only be displayed on the product/services, when you have applied for a patent. So, there is no question of applying for a patent while a product is under pending patent. http://indiapatents.blogspot.com
The most common patent is a utility patent, which covers a new product or process. A design patent covers ornamental characteristics of a product, and a plant patent covers newly-developed hybrids.
A patent is a right provided to an individual whether natural or artificial by the government through the Patent Act which restricts other persons from using/selling/ importing the patented product or process without prior approval of the inventor
While a patent or copyright is held by a company or a person, no one else can use that product or copyrighted material (also known as intellectual property) without the permission of the patent/copyright holder which usually involves some kind of compensation. If someone wants to use one of these products or materials, and can't come to an agreement with the patent/copyright holder, then they are motivated to produce a variation or an improvement on it and get their own patent/copyright for themselves. New products and materials are developed all the time to compete with an existing patent or copyright.
For many people, the idea of creating a new product or service and running their own business is a personal goal or dream. While you may have come up with a great product or service that would be in high demand with the public, there is always the threat that someone else may try and copy your idea or may have already created the idea themselves. A patent attorney could help you avoid these issues. While hiring a patent attorney can be quite expensive, there are several reasons why you should hire patent attorneys to help you if you have created a new product or service. The first reason you should work with a patent attorney is that a patent attorney could help you protect an idea or product that you have developed. Submitting and receiving a patent is a relatively complicated process. The attorney will help you both create and submit your patent. This will include creating a legal description of the patent, which should clearly separate the product from existing products. The patent that is submitted should protect you from other people that try and copy or slightly alter the product, service, or idea that you have created. Should your idea become successful and high in demand, having the patent could save you thousands or even millions of dollars from stopping competitors. Another reason why you should work with a patent attorney if you have created a new product or idea is that the patent attorney will review your idea and any existing products to determine whether your idea infringes on an already certified patent. By knowing whether or not your patent is a copy of an already certified patent, you could avoid infringing on the patent and having to face sever penalties, which could include very high fines, attorney fees due to legal proceedings, and even prison time. If the product or service you have created already exists, patent attorneys could still help you by getting around the legal restriction of the existing patent. This could include helping you redesign the product or service you have created to ensure that it is technically and legally different from the product that is already certified with an existing patent.
Yes, under the laws of some countries a patent cannot be effectively enforced unless the patent number is put on the product or its packaging.
Yes
It simply needs to be novel and non-obvious. Once you have determined that your product is entirely new and different, you may apply for a patent through your country's patent office.