Hello, I have an idea and prototype that I think could be very useful and profitable and I can't find it anywhere in the current market place. I am pretty skeptical of the patentability of the product. I find that it already exists but has never been used for this type of application. How do I protect my idea and ability to sell if it is unpatentable yet has never been used on or for this purpose.

Sorry to be vague about the nature of the product, but I hope you understand. What are the steps to get something like this off the ground? I suppose there are a few questions here. The goal would be to sell the rights to another company to sell, not start my own widget company.

Where do I start the patent process?

What is the strategy if it is unpatentable? Is it just clever positioning and marketing?

Is this the right section to ask this question?

You can search the U.S. Patent archives:

PatFT » Page 1 of 1 (http://patft.uspto.gov/)

If you want to talk to someone about your idea, but are afraid they might steal it, you could ask them to sign a nondisclosure agreement. Here's a Nolo article on nondisclosures:

Nondisclosure Agreements (http://www.nolo.com/article.cfm/objectID/2ECF62E6-B334-4E83-9A94FA20A3FAFD38/310/119/ART/)

If you do still think it is patentable and you still have questions, you should probably talk to an attorney.