I posted this question before but can't see to read some of the responses.
Anyways. I have a product that I wish to patent. After an attorney conducted the search he said item is patentable.
However this product has been on the market for 5-6 yrs now and others are selling it.
I was told that I can not patent it. But my attorney disagrees and said I can patent it because no one has file a patent on it.
I'm not trying to run others out of business just wanting to stop new-comers.
With everything in consideration I'm not sure what I need to do.
Plus he said that the patent office only searches their own database to make sure there isn't anything similar which there isn't. So he said I can get it. He has 20 yrs exp.
Any suggestions will be greatly appreciate.