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Can You Patent Your Idea Without A Prototype

A prototype for a patent is a model, first creation, draft, or patent drawing of an invention. You might wonder if you can patent your idea without a prototype? Prototypes are required in rare cases.  For example, ideas for time machines or free energy devices do require prototypes.  In most cases, you can patent your idea without a prototype but it can be useful in showing the United States Patent Office that your invention works properly and it is not just an idea.  Examiners do prefer to see a prototype but prototypes can be costly. Therefore, if you believe you can submit a patent application that sufficiently describes your invention in great detail than you can take the chance of going without a prototype.  

Even though developing a prototype could be costly, an advantage of developing a prototype is that you could learn additional details about your invention and you may make changes and improvements during prototyping which might improve your chances of your patent being granted.  A prototype could explain your idea much more thoroughly than other patent application resources like the drawings or descriptions. Because of the fact that details and fully understanding an idea are critical in the patent application process, it may be a good idea for you to create a prototype.

Also, creating a prototype does more than just increase the quality of your patent application. Building a working prototype requires extensive research and consideration. Prototyping helps the inventor understand the requirements for production of an idea such as the design, procedure, and limitations. Additional benefits to prototyping your idea include: determining whether the invention will work or not; deciding what modifications should be made to the invention; finding out and fixing potential design problems; identifying alternative solutions to problems; and marketing the invention to third parties, such as donors or buyers.

If you are wondering if creating a prototype is best for you, you should seek the advice of an attorney.

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