Q: decorating false fingernail to sell, can a provisional patent application be filed, for process, false fingernail use

3 Lawyer Answers

Kevin E. Flynn

PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: You can file a provisional patent application and say patent pending for a year but that may not be a long-term fix. In order for the patent process to be valuable to you, you need to get claims in a non-provisional application through the examination process. You will need to show that what you have done is not only new but someone skilled in this sort of thing who has access to everything ever done in this field could not recombine other ideas to get to your idea. This is the requirement that your idea be non-obvious. This is a very tough standard.

I suggest that you look at recently issued patents in this field to see what you are up against. Here are some tips on using the free tools.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

1 user found this answer helpful

Kevin E. Flynn

PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: So sorry, I forgot to add the link to tips on patent searching. Here is the link. http://bit.ly/Patent_Searching

1 user found this answer helpful

Peter D. Mlynek

Answered
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: Yes, it can be done. As a matter of fact, I've written and filed a number of patent applications on fingernail polish and fingernail decorations.

1 user found this answer helpful

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