First thing you want to do is look carefully at the patent and see does this patent really describe the same thing my idea does. If not, or not exactly, you will want to consult a patent lawyer to see if you can patent around this existing patent and still have reasonable protection.
But what if someone else patented your idea exactly? You would like to verify in the event the method is available. Look online and stores to find out if you can find it. If not, get in touch with names or company on the patent. Question them if they are selling their product or if perhaps they've got licensed their patent. 97% of patents never make anything, so there is truly a pretty good possibility they aren't selling or haven't licensed this product.
Before we go further, we have to discuss why 97% of patents never make money. Large corporations submit an application for and receive many patents they never intend to pursue or aren't certain that they'll pursue, which accounts for point about this 97%. There's also patent trolls who apply for patents to later sue others, this accounts for point about this number. But the primary reason that many patents don't generate income happens because it is difficult to create something to promote. Inventors that don't search for help may have an especially difficult time since many inventors are really good about discovering creative new ways of doing things but they are really bad at running a business or learning how to create a sales network. So if a patented idea didn't earn money, that will not necessarily mean the concept is detrimental. Most likely the business behind the idea was run poorly or even the product wasn't formulated and packaged in a fashion that would excite customers. This is important to keep in mind and there's great instance of this below.
So if the inventor or company listed in the patent says they are not selling the merchandise no body else has licensed the idea, tell them that you might want to consider licensing the concept from their website. Prior to deciding to agree to anything, make sure you have done your homework. You must understand when the market opportunity is very large enough to aid the product and when people will feel the product is a good solution (if you need help with this, we could give you Consulting or Invention Evaluations). In the event the product has got the potential, start licensing negotiations together. It's impossible to say in an article what terms to exercise, as if the concept is nearly ready to bring to market, you need to pay them back more, when the idea is just on paper, you ought to outlay cash less.