Q: Do I have to have a working prototype to file for a patent on my idea?
A: No. You have to be able to describe the claimed invention in such a clear and specific manner as to enable a person having ordinary skill in the relevant art to make the invention. This is so that the public has possession of the invention when the patent expires. You also have to describe the best mode of your invention known to you at the time you file your patent application. For a regular utility patent application you also have to conclude the application with enumerated claims that define the invention in such terms as to reasonably inform those of ordinary skill what is covered so that they know whether or not they infringe. In view of these rather strict description requirements, the prior requirements of submitting a prototype have long ago been abolished. The prototypes you sometimes see displayed in museums are relics of a bygone era. In view of these strict descriptive requirements you really need to get professional assistance from a patent attorney (or patent agent) in preparation of your patent application. It is just too important to try to do yourself unless you financially have no other choice. Bruce Burdick, Registered Patent Attorney since 1974 beb@burdlaw.com www.burdlaw.com 618-462-3450
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