Do you need a working prototype to get a patent?
Many inventors wonder if they need a prototype prior to patenting an invention. The simple answer is “no’. A prototype is not required prior to filing a patent application with the U.S. Patent Office.
What are the three criteria required to get a patent?
Patent applications must satisfy the following three criteria:
- Novelty. This means that your invention must not have been made public – not even by yourself – before the date of the application.
- Inventive step. This means that your product or process must be an inventive solution.
- Industrial applicability.
Can you patent a concept or idea?
The simple answer is no—you cannot patent an idea for an invention. The invention itself has to be produced or a patent application containing the invention must be filed with the U.S. Patent and Trademark Office (USPTO). While all inventions start with an idea, not every idea can be called an invention.
How do you patent a prototype?
There are many steps to obtain a patent, and some of them can begin at the same time you are building your prototype.
- Get a patentability opinion from a patent attorney.
- File a provisional patent application (12 months).
- File a nonprovisional patent application.
Can you patent a concept?
How do I make sure my invention qualifies for patent protection?
What are the Basic Requirements for a Patent?
- In order for your invention to qualify for patent eligibility, it must cover subject matter that Congress has defined as patentable.
- The invention must have a “utility,” or in other words, be useful.
- The invention must be “novel,” or new.
What makes a patent valid?
Under U.S. patent law, an invention is patentable only if it meets the following four requirements, which are discussed in more detail below: The invention must be statutory (subject matter eligible) The invention must be useful. The invention must be non-obvious.