Forums: Discussions for entrepreneurs and small business.

a prototype is not a requirement for filing a patent application.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

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Our Goal Is Your Success!
Founder Girls with Goals

no, you don`t need a prototype to file for a patent. But, if you plan to your product, you will definitely need a functioning prototype along the way. Sometimes, it is better to prototype and hash out exact design details before you get a patent, as the patent may restrict any changes you wish to make while developing a functioning prototype. 

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Erica Knight
www.slingshotpdg.com

Dear Mybigidea22

Sounds like you are serious about your invention.

A prototype is recommended but not required for a patent.

Have you read "Profit From Your Idea" by Richard Stim?

This book can really help.

Massive Success to you

Terry Cantwell

http://www.protect-new-idea.com  


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Massive success to you.

Terry Cantwell

http://www.protect-new-idea.com

Old thread but just in case anyone happens by, here is my curmudgeonly contrary advice. Yes, make a prototype. Who cares whether a patent app does/doesn`t require one? You need to know it works. Otherwise you`re blowing money on a patent that may evolve from the actual product and you`ll have to do it all over again.

Don`t use a home seamstress. Hire a professional, namely a pattern maker. A pattern maker is an engineer (don`t be fooled by the title). Going to apparelsearch and looking for "production" is likely to be fruitless, you`re looking for product development, not production of quantities.

Lastly, I`m old school. If someone whips out an NDA, I show them to the door. There is not an idea on the planet worth stealing and ruining my hard won reputation for. The best people in the trade feel the same way. NDAs are a new fad promulgated by the paper happy. Apparel bears a lot of similarities to the diamond industry. All business is conducted on a handshake without contracts.



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~Nurture people, not products~
http://www.fashion-incubator.com

I am in also trying to get a product developed and would like to know who I would get to make a prototype?  You mentioned an engineer.  My product is a gadget with a suction cup that includes jewelry.  What kind of an engineer would you suggest to help with my prototype and sketches?

Thanks!

Hi There,

My product design firm can provide engineering and design/ergonomics services for you.  Please take a look at our site for more information: www.synthesislabs.com

Thank you,

Sanyo Tzeng
Synthesis Labs, Inc.

Regarding patents.  Many patent attorneys will have your rush into a patent before creating a prototype.  Then you realize that the design or specifications of your patent do not actually work in real life (after prototyping) and you have to file a new patent or change an existing patent for another hundreds or thousands of dollars more.  Are they really looking out for your best interests?  My advice is to find a reputable design firm to help you develop a prototype and then go patent something that actually works.

I agree with SynthesisLabs. Create a prototype with a reputable company that are held down to an NDA first.

The main advantage here (from my experience anyway) is that a good patent attorney will upon seeing your prototype, sit down with you and have a meeting for 4-5 hours and think about how the product could be changed ever so slightly by a competitor to bypass the patent you wanting to file for.

You then leave the meeting with a list of patents for many variations to your product so as to close the angles of change that possible competitors could do.

Hope that helps.

Mark

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Mark Clayton

China 2 West Services Ltd.

Engineering & Manufacturing Solutions in China

303 Ping An Building,

Yuan Lin Road, Ji Da,

Zhuhai, 519015 China.

+86 756 3828382

www.china2west.com