The process of taking your idea and turning it into a tangible product is called “reducing the invention to practice” and the first step in this process is the development of a prototype. When it comes to prototype development, the inventor can utilize a professional prototype company, virtual designer, model-maker or construct it on his own. I have seen many prototypes from inventors ranging from cardboard and tape to professionally designed and constructed working samples. Keep in mind that the prototype process is evolutionary, meaning that you may start with cardboard and evolve the prototype through several iterations over time, as you refine your invention.

At one time, the USPTO required that a working prototype accompany all patent applications filed. This requirement limited the number of patent applications that were filed, particularly on inventions that did not actually work or function as intended. When the USPTO removed this requirement, the patent business exploded and we began to see countless hypothetical and theoretical inventions with issued patents on products that did not work as intended.

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Reasons to develop a prototype

1. Without a virtual or tangible prototype, it will be more difficult for a buyer to understand your invention. As discussed, the chance of success increases as you move your invention through the development process. A prototype brings your idea to life for the person evaluating your invention, which increases the chances of ultimately taking your invention to market.

2. A developed prototype helps to work out the details of the invention. Identifying design flaws and weaknesses is much easier when you can actually test the invention. Engineering drawings and artwork alone cannot “prove” the concept in the same manner that a prototype can – prototypes help to ensure that the invention will work the way you intended.

3. Having a virtual or physical prototype helps to identify key details that should be included in the provisional and/or non-provisional patent(s). Filing a patent first before developing a prototype could lead to key details being excluded from the patent application – details that are learned only through prototype development. For this reason, I recommend that if you plan to develop a prototype, you do it first, before you file a patent.

4. Patent drawings will be much easier to complete if a model is available from which to work.

5. Developing a working prototype can also help to determine the best manufacturing materials and processes. Your original invention may be altered based on the prototype

Resource Author Francisco R. Higueras
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