company already has the patent but isn't using it for the product I want to make

[Sweetjones508]

Matt in massachusetts

 

[Sweetjones508]

More detailed question

I found that the idea I have , has already been patented, but the manufacturer has yet to make it for the product I want to create. My question is how can I get around this speed bump without facing legal repricussion? Or would it be best to approach the company with my ideas, and if so how do I protect it from theft if they choice not to deal with me?

 

[Zigner]

I found that the idea I have , has already been patented, but the manufacturer has yet to make it for the product I want to create. My question is how can I get around this speed bump without facing legal repricussion? Or would it be best to approach the company with my ideas, and if so how do I protect it from theft if they choice not to deal with me?

Speed bump? You mean you want to sell something for which the idea belongs to someone else. How to protect it from "theft" if they choose not to deal with you? You know what they say...no honor amongst thieves.

 

[quincy]

I found that the idea I have , has already been patented, but the manufacturer has yet to make it for the product I want to create. My question is how can I get around this speed bump without facing legal repricussion? Or would it be best to approach the company with my ideas, and if so how do I protect it from theft if they choice not to deal with me?

You cannot get around that "speed bump." You need to get permission from the patent holder to use the patent.

 

[justalayman]

You cannot get around that "speed bump." You need to get permission from the patent holder to use the patent.

(Continuation of quincy's statement)
Even if they never use it in a way that you imagine. It is their property until the patent expires and they control it. Many companies patent inventions just to prevent others from using the idea (Apple is big for this).

 

[quincy]

... Or would it be best to approach the company with my ideas, and if so how do I protect it from theft if they choice not to deal with me?

What was not addressed previously:

If you want to protect your idea, there are possible ways to do this.

You can disclose your idea to someone who has a duty to you to keep it confidential. For example, you can discuss with a retained IP attorney how best to approach the patent holder with your idea while preserving your rights in it.

If your idea is truly novel and non-obvious and unlikely to be thought of and developed by the patent holder independently, and you can show your idea would add value to the patent, you might be able to get an agreement signed between you and the patent holder (perhaps an option agreement) which allows for either you or the patent holder to develop the idea.