Throughout my time helping Inventhelp Invention Idea develop a variety of different projects, this conundrum has often reared its head. You should say from the outset that there is absolutely no definitive answer, however i will aim to convey the alternative perspectives, to allow inventors to make an informed choice for themselves. The opinions on this topic vary across professionals within the IP industry as well as the answer will differ depending on the specific idea.
With that said, below are the premiere factors behind building a prototype before patenting:
A patent application needs a certain amount of detail regarding the way the idea functions. This is known as ‘sufficiency’ or perhaps an ‘enabling disclosure’. It is often much easier to describe, and draw, an invention after a prototype has been given and tested.
Prototyping develops the concept and it may be that a new or better option is achieved. Potentially these iterative developments could require altering the initial patent application or filing a brand new application. This might will cost more or result in advantageous changes being left unprotected.
The grace period before substantial fees and important decisions have to be made throughout the patenting process is fairly short, considering the average time it takes to produce a brand new product on the market. It may be argued that it must be better to progress the concept as far as possible before filing the patent application, including finalising the style through prototyping. This would then allow the grace period for use for manufacturing or licensing the merchandise.
A prototype may be used to test the marketplace and a few people take into consideration that it is best to do that before starting a potentially expensive Product Ideas strategy. (Disclosing the concept can prevent a granted patent being achieved and legal advice should be taken concerning how to test the market without forfeiting potential patenting opportunities. Confidentiality agreements are one way of protecting a concept before a patent application continues to be filed.)
A prototype may prove that the idea will not be viable therefore saving the fee and time associated with drafting and filing a patent application.
Conversely, listed here are the primary good reasons to file a patent application before prototyping:
Prototypes often have to be created by companies and thus it may be smart to file for the patent first to safeguard the intellectual property.
When the inventor waits for that prototype to be produced before filing the patent application, someone else may file a software for the very same idea first. In many countries of the world, including the UK, the patents systems are ‘first to file’ and never ‘first to invent’.
The patent application process features a thorough worldwide novelty and inventiveness search by the UK IPO that may reveal valuable prior art material, not just with regards to the direction the prototype should take, but in addition in terms of potential infringement issues whereby the prototype may then be designed around existing patents.
A patent application as well as the resulting patent, just like all intellectual property, offers an asset which is owned by the inventor or applicant company. If prepared effectively, the patent may be licensed or sold to produce money stream potentially without ever being forced to produce the prototype.
It might be better first of all a patent application if funds are restricted, as a patent application is usually less than a prototype.
A ‘provisional’ patent application can be filed without requiring great detail, providing a follow up application will then be filed within twelve months which describes the concept in greater detail. This may be following the evidence of concept offered by the prototype.
There are several ways round these problems. Prototyping manufacturers can have to sign a confidentiality agreement ahead of the idea is disclosed. However keep in mind most companies will never sign confidentiality agreements, since their in-house departments may be working on similar ideas. Pre-application patent searches can be performed just before prototyping or patenting to learn whether it is sensible to proceed without having to draft and file an application.
There is a third perspective for consideration. Some skilled professionals would claim that it’s not just a patent or prototype which should come first nevertheless the opinion of industry experts as to if the concept is viable and definately will sell. They might debate that the prototype and patent are very important parts of the process but, in the beginning, it’s better to ascertain that there is really a market before making an investment in either a patent or prototype.
In conclusion, the easiest method to proceed with any cool product idea is Inventhelp Locations. If the novel functionality of the idea is unproven, then this prototype can be a sensible initial step. It is actually worth ensuring that a fbmsjf clients are utilized to make the prototype and this a confidentiality agreement is signed prior to the concept being revealed. Alternatively, the inventor might want to file a patent application first and accept that additional cost could be incurred to re-file or amend the application form as the project is developed.