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[sharanbr]

Hi,

While going through a datasheet of a product, I found that one of the commercial solution available from a vendor is similar to a idea I have been working on for last 3-4 months. There is some amount of overlap. What should be my next approach to verify that my idea is patent worthy. To add, the competitor to this vendor also provides similar solution. Does that mean the vendor-1 has not filed a patent and hence vendor-2 is able to provide his own version of solution? or there is a possibility that vendor-2 has obtained rights to provide solutions?
Another related question is, whether vendor-1 has right to reject if someone approaches him to get permission to make products similar to one patented by vendor-1?

Looking to guidance!

Regards

[Wiscagent]

Sharanbr,  if there are no valid, enforcable patents on these products then (obviously) there are no patent-related restrictions on who can make, sell, or use the products.  If the products are protected by patents, then the patent owner can sue anyone who makes, sells, or uses the product without authorization.

Potentially there are other intellectual property limitations on who can sell the product, e.g. trademark, copyright.  And of course there can be all sorts of restrictions unrelated to intellectual property; for example, without a liquor license I can not legally sell alcoholic beverages in my state.

Whether or not you have a "patent worthy" invention is at least two questions (i) Is your invention novel, non-obvious, and useful? and (ii) Does it make good business sense for you to persue patent protection?  A patent agent or patent attorney can help you with question (i).

[still_studying]

Vendor-1 might nevertheless have a patent application pending, or might be diligently pursuing the filing of a patent application at some point in the near future.  With the 18-month publication delay, and the option of nonpublication in certain circumstances, it's nearly always uncertain.

[sharanbr]

I have a related question:

Supposing the vendor does not really have a patent but has a product already in the marked,
can he say that since there is a tool that is publicly available, there can be no patent.

Similar question (from pure technical perspective):
If there is a novel design in market but there is no patent filed by the original owner,
can someone else then formalize the flow and then go a file a patent?

Regards

[still_studying]

I have a related question:

Supposing the vendor does not really have a patent but has a product already in the marked,
can he say that since there is a tool that is publicly available, there can be no patent.

The product is prior art against the patent application.  If the patent application uses a different (and novel) method of solving the problem, it could still result in a patent.  (This assumes that the patent application, or at least the invention, doesn't predate the product.  If it does, you might still be able to claim prior invention.)

Similar question (from pure technical perspective):
If there is a novel design in market but there is no patent filed by the original owner,
can someone else then formalize the flow and then go a file a patent?

No, because the "someone else" is not the inventor.  Well, of course, the "someone else" could write the application for the owner/inventor, and give it to the owner/inventor to file, but that's probably not what you're asking.