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June 1, 2023
John Rizvi, Esq.

Do I need a working prototype in order to get a patent?

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Hi, I'm John Rizvi, the patent professor. One common misconception I run across a lot is the idea that you have to have a working prototype of your invention in order to file for a patent. In the old days this was true. Inventors typically produced a prototype and then physically took it to the patent office. Today, the patent office doesn't work. Everything is filed online, and working prototypes are not only not required, but they are not even allowed to be filed with the patent. What the patent office needs is an explanation that is detailed enough so that someone of sufficient skill can work from the included information and create your final product. If the invention is software, a programmer would look at the explanation and the architecture and should be able to follow it to produce a working version. Think of your patent application as a recipe that someone else can follow to produce the results you intend. oversharing is the name of the game here. While a lot of inventors think they need a working prototype, it is not needed in order to get a patent and can actually slow you down. The first person to the patent office wins. And if you're focused on getting a prototype ready, your patent could be taken right out from under you while you work on perfecting your design. Once the patent application is filed, which takes about eight weeks, your idea is patent pending. And you can start talking to investors, manufacturers, potential companies that you want to sell the idea to. And if you wish, you can begin working on the working model or prototype at that point. But if your application isn't filled out properly, the patent office may reject your patent, opening the door for someone else to move in and steal your idea. Always keep speed uppermost in your mind. Because the longer you wait and the more delays you have in the filing process, the greater your odds of losing your rights to your invention. I've helped a lot of inventors through the patent application process. By acting quickly and telling the patent office how your invention is an improvement over other solutions. I can file a patent application that safeguards your rights and gives you the time you need to build a working prototype and proves your idea really work. Call me and let me show you why I'm the patent Professor.

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At the law offices of John Rizvi, P.A. - The Idea Attorneys®, we have dedicated our practice exclusively to securing and preserving the intellectual property rights of our clients, including patent, trademark, copyright, trade secret, unfair competition, and franchising matters.
© Copyrights 2024. The Idea Attorneys (The Patent Professor®). All Rights Reserved.


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© Copyrights 2024. The Idea Attorneys (The Patent Professor®). All Rights Reserved.
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