Patent Attorney and Founder
I had this great idea and my friends and I wanted to patent it. We checked online, but it turns out it’s already patented—kind of. There have been some attempts to patent it in different countries, but they all got dropped, except in Japan where it’s still “pending” since 1998. So it’s been there a long time. The person behind it doesn’t seem interested anymore. So, can we still patent it?
Short answer: no, you can’t patent something that’s already out there. But the good news is you can still sell it! You’ve clearly done your research, so it’s probably a good idea. If you think there’s something new or different about your version, it’s worth talking to a patent lawyer. But if it’s too similar, don’t bother trying to patent it.
The good news is no one can patent it now, since it’s already out there. So if someone tries to claim you copied, you’re fine.
One more thing: if you’re working with your friends, remember there’s a difference between being the inventor and owning the idea. Only the person who made it should be named as the inventor. If your friends want to be part of the business side, you should consider setting up an LLC or a C Corp. That way, everyone’s part is clear in a contract. You can also give the patent to the company to make things official.
Hope this helps!