Throughout my time helping How To Get A Patent On An Idea develop numerous different projects, this conundrum has often reared its head. You should say from the outset that there is absolutely no definitive answer, but I will try to convey the alternative perspectives, to allow inventors to make an informed choice for themselves. The opinions about this topic vary across professionals within the IP industry and also the answer will differ depending on the specific idea.
With that said, below are the premiere factors behind creating a prototype before patenting:
A patent application demands a certain level of detail regarding how the idea functions. This is known as ‘sufficiency’ or even an ‘enabling disclosure’. It is often easier to describe, and draw, an invention once a prototype has been produced and tested.
Prototyping develops the thought and it might be that the new or better option would be achieved. Potentially these iterative developments could require altering the initial patent application or filing a brand new application. This might cost more or bring about advantageous changes being left unprotected.
The grace period before substantial fees and important decisions must be made through the patenting process is fairly short, thinking about the average time it takes to launch a brand new product onto the market. It could be argued that it must be better to progress the idea as much as possible before filing the patent application, including finalising the design and style through prototyping. This could then enable the grace period for use for manufacturing or licensing the product.
A prototype could be used to test the current market and some people consider that it is recommended to do that before starting your potentially expensive Inventhelp strategy. (Disclosing the concept can prevent a granted patent being achieved and legal counsel should be taken concerning how to test the marketplace without forfeiting potential patenting opportunities. Confidentiality agreements are just one way of protecting an understanding before a patent application continues to be filed.)
A prototype may prove the idea is not really viable therefore saving the fee and time associated with drafting and filing a patent application.
Conversely, below are the key top reasons to file a patent application before prototyping:
Prototypes often need to be produced by companies and thus it could be smart to file for the patent first to guard the intellectual property.
In the event the inventor waits for your prototype to get produced before filing the patent application, another person may file a software for the same idea first. In lots of countries around the world, like the UK, the patents systems are ‘first to file’ and not ‘first to invent’.
The patent application process includes a thorough worldwide novelty and inventiveness search through the UK IPO that could reveal valuable prior art material, not merely regarding the direction the prototype should take, but also when it comes to potential infringement issues whereby the prototype can then be designed around existing patents.
A patent application and also the resulting patent, like all intellectual property, provides an asset which can be owned by the inventor or applicant company. If prepared effectively, the patent may be licensed or sold to generate an income stream potentially without ever being forced to produce the prototype.
It could be better to start with a patent application if funds are limited, as being a patent application is usually less than a prototype.
A ‘provisional’ patent application could be filed without requiring great detail, providing a follow-up application will be filed within one year which describes the concept in greater detail. This can be pursuing the proof of concept offered by the prototype.
There are several ways round these issues. Prototyping manufacturers can have to sign a confidentiality agreement ahead of the idea is disclosed. However be aware that most companies will never sign confidentiality agreements, since their in-house departments may be concentrating on similar ideas. Pre-application patent searches can be carried out just before prototyping or patenting to discover whether it is sensible to proceed without having to draft and file an application.
There exists a third perspective for consideration. Some industry experts would advise that it’s not a patent or prototype that should come first but the opinion of skilled professionals as to if the idea is viable and will sell. They might argue that the prototype and patent are very important elements of this process but, at the start, it’s better to ascertain that there is actually a market before making an investment in either a patent or prototype.
In conclusion, the simplest way to proceed with any new product idea is A New Invention. If the novel functionality in the idea is unproven, then a prototype might be a sensible first step. It really is worth making sure a fbmsjf clients are utilized to make the prototype which a confidentiality agreement is signed before the concept being revealed. Alternatively, the inventor might want to file a patent application first and accept that additional cost might be incurred to re-file or amend the applying as the project is developed.