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Need Advice - New Idea

    • 990 posts
    December 23, 2008 1:10 AM EST
    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

    • 1 posts
    December 22, 2008 8:54 PM EST
    I have an idea for a new product that would target a niche market. To my knowledge there is not a product like this on the market. It is an undergarment. I`m just now in the early stages of researching how to go about turning it into an actual product...just have a few quick questions I`m hoping someone can help me with. Thanks for any assistance!
     
    1. Should I completre a prototype before applying for a patent? Not sure if it is needed.
     
    2. I will be looking for a seamstress or someone to help put the prototype together. Should I have an attorney draw up the non-disclosure agreement?
     
    3. Any recommendations on who/where to find good help for creating the prototype?
     
    • 7 posts
    March 3, 2009 7:58 AM EST
    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. 


    you can contact a local seamstress, and yes you probably want to have an NDA with whomever works on the prototype. product Development firms could also help you with prototyping the idea, keeping manufacturing capabilities and costs in mind. 

    You can check out my company at  www.slingshotpdg.com. We can help you develop the product and bring it to market. We have a Nondisclosure agreement that we put in place before talking to our clients about their ideas. We could help you with any step in the process or along the whole road, from market research, product development, prototyping, getting quotes on manufacturing, manufacturing support, and commercialization. 



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    Erica Knight
    www.slingshotpdg.com


  • April 14, 2009 5:28 AM EDT
    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

  • July 14, 2009 4:51 AM EDT
    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!

    • 621 posts
    December 23, 2008 5:17 AM EST
    Hi There!!
     
    Glad to hear you have created something and are moving forward with it. You can try www.apparelsearch.com and click on "production". There are lot`s of resources there. James is right you don`t need a prototype to file a patent application. A non disclosure is always a good idea.
     
    Erin

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    Our Goal Is Your Success!
    Founder Girls with Goals

    • 19 posts
    April 6, 2009 11:35 PM EDT
    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  
    terrycan4/7/2009 4:32 AM

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    Massive success to you.

    Terry Cantwell

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

    • 18 posts
    January 16, 2012 9:02 PM EST
    Glad to hear you have created something and are moving forward with it. You can try www.apparelsearch.com and click on "production". There are lot`s of resources there. James is right you don`t need a prototype to file a patent application. A non disclosure is always a good idea.
     

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