Yes, you can definitely use a patented product to get your idea patented, but along with getting a license from the patent owner, you might also have to credit them as an inventor for your patent. That's how Steve Jobs's name still appears in patents applied and published after 2011.
If you sell something that's patented, it could be a problem. Patent owners have the right to stop others from making, using, or selling their invention. But if they sold the product first, patent exhaustion might apply. That means you can resell the one you bought—but you can't copy it or make more to sell.
No. You are not required to obtain a patent in order to sell a product or service embodying your invention. Many products and services are sold that are not patented. A U.S. patent provides the right to stop others from making marketing, selling, or importing your invention in the United States.
Patentability criteria Your invention must be new, useful and non-obvious. Your invention must be the first of its kind in the world. It must not be known to the general public in writing or in any other form anywhere in the world before the application is filed.
Community Answer. Patent licensing is true for new products or inventions, providing legal monopoly for typically 20 years and encouraging innovation by allowing inventors to earn without competition.
The short answer is no. You cannot patent an idea, only an implementation. These generally fall into one of the categories of a process, a machine, a manufacture (combination of materials to make something new), or a new composition of matter (chemicals or drugs).
A patent license is an agreement that lets someone else commercially make, use, and sell your invention for a specified period. The owner of the invention (patent) is the 'licensor,' and the person who is receiving the license is the 'licensee.
To obtain a patent, an inventor should draft a patent application and then submit it to a national or regional intellectual property (IP) office. This process includes several steps and entails diverse costs, depending on the regional or national laws of the country or contries in which the application is filed.
The United States Patent Act states that “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.” Therefore, simply using a patented product ...
A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.