What if my idea is already patented?
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If the prior art search detects an existing art similar to the applicant's idea, then the scope of its protection would be limited. ... If prior art is close to the invention, then areas that are patentable in spite of that prior art can be emphasized in the patent application
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In the case of Hickton's Patent Syndicate v. Patents &Machine Improvements[2] it was held that if there is an invention in the idea plus it is carried out then it is a good subject-matter for Patent rights. The Patents Act, 1970 does not expressly mention that ideas can or cannot be patented
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