Luke cannot sell the product because patent is already been issued to the similar product.
Explanation:
According to the given scenario, Luke though he is an inventor and he has created a product which is similar to already patented, Luke is not allowed to sale based on the patent rule.
Since there is a patent right obtained by someone for similar product, then what Luke is trying to do is against the Patent law.
Luke cannot prove that he already had an idea. Any law always needs a proof than a statement.
Luke may be punishable under the patent law if he tries to sell his invention.
