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I am wondering if I can patent in the US a handmade toy that I saw in Brazil. It is not patented in Brazil I believe.

I do however, have a few improvements on the original design, but the rough idea is the same. Could I file for a provisional patent and be able to sell the idea to companies in the US, or the fact that the rough idea is the same prohibits me from trying to go for the provisional patent?

Thank you.

  • There is no such thing as a provisional patent. Only provisional applications which by themselves never become patents. – Eric Shain Feb 21 at 14:32
  • Just to be clear, you don't need a patent in the US to be able to sell in the US. You only need to make sure no one else has a patent in the US (or the country of manufacturer). – Eric Shain Feb 21 at 15:02
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One can only patent things they personally invent. The invention status of the original in Brazil is not relevant. Your modifications need to be novel and not obvious, the same criteria as any invention. You will need to make the patent office aware if the original item and anything else you know that would tend to hurt your case when filing a nonprovisional.

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