Do you patent an idea for something already made?

Answer 1

Patent laws are pretty much the same no matter what country you live in, but nothing is cast in stone. I'll give you an example. The Pant Saver Mat used in most cars was patent pending, yet another company came along with an idea similar to the Pantsaver mat, put their product on the market, no patent pending and sold for millions of dollars. However, when the original inventor of the Pantsaver mat got his patent he took the second guy who had made millions from the original idea to court and won hands down. How much the settlement was I don't know, but both mats are available in Canada. The original Pantsaver Mat is more expensive than the copy, but they are still both selling their products.

There is only one way to beat a patent law and that is if your product is similar to the one pending patent do make sure that the differences are significant enough to keep you out of a Court of Law

Answer 2

In the US you may not apply for a patent for a product that you did not invent; only the inventor may apply for a patent. Further, if someone else is already making the product, it probably won't pass muster under 35 USC 102, which reads in relevant part:

A person shall be entitled to a patent unless the invention was known or used by others in this country before the invention thereof by the applicant for patent.

In short, no.

Answer 3

There is no overall bar to patenting a known item for a new use. But there are a couple of limitations. The new use needs to be non-obvious or inventive compared to the known use otherwise no patent will be validly granted. Also, generally you can't stop others selling the known item, you can only stop them using the item in the new way you have developed. So such patents are typically more difficult to enforce, depending on the individual circumstances of the case.

Answer 4

This is a pretty complex question. There is a difference between getting a patent and getting a vaild patent. For examp,e if you have been using the claimed invention, but an examiner never finds this out a patent may be issued that is invalid because it is anticipated and/or rendered obvious by your prior use.

It also depends on what jurisdiction you are talking about. For example, in some jurisdictions anticipation can be by prior use anywhere in the world (e.g., Australia), whereas in other jurisdictions anticipation is by a written disclosue anywhere in the world or use in that jurisdiction (e.g. USA). Accordingly, if you never publish your invention and do not disclose it in that jurisdiction, it may not anticipate a patent in that jurisdiction and someone else may get a patent.

You may also be able to claim prior continuous use in some jurisdictions, meaning that if you have continually used the patented invention from before the patent was applied fo to the current time you are safe from infringement.

Answer 5

Yes, the vast majority of products are made and sold without any patents. Patents only apply to inventions and most products do not contain anything new enough to still be patented, other than certain high-tech products.

On the other hand, if someone ELSE owns a patent on an invention that you would want to use in your product, you would need a license to use THEIR patent if you want to avoid infringement in any country where their patent is issued and enforceable.

Answer 6

You can SELL anything. Do you mean to ask, can you re-patent it? Generally the answer would be no.