Plaintiffs conduct entitles it to damages and all other remedies at law.
Plaintiffs conduct entitles it to damages and all other remedies at law.
So, can you patent something that is already being sold? The answer is yes. While it is impossible to patent an existing product, it certainly is feasible to patent an improvement over an existing product. Below we discuss how non-obvious improvements to an existing product can be patented.
A U.S. patent holder can block importation and sale of an infringing machine, manufacture or composition of matter in the U.S. and can sue for damages. Suit can be brought against foreign companies in U.S. federal court, so long as the patent holder can serve the infringer.
Submit the application to the World Intellectual Property Organization (WIPO) or a national patent office. Your invention is then provisionally protected in all contracting states of the Patent Cooperation Treaty (PCT). The WIPO carries out a search on the state of the art (also known as the prior art).
The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single "international" patent application instead of filing several separate national or regional patent applications.
Novelty: One of the essential requirements for filing a patent in another country is that the invention must be novel, meaning it must be new and not previously disclosed. This requirement is necessary to prevent someone from filing a patent for something that already exists.
Novelty: One of the essential requirements for filing a patent in another country is that the invention must be novel, meaning it must be new and not previously disclosed. This requirement is necessary to prevent someone from filing a patent for something that already exists.