Legal Question in Intellectual Property in California

Applying for a patent of an idea

I'm interested in manufacturing a new product for which I would like to apply for a patent. Is it necessary to first produce a prototype or is it possible to first apply for the patent with only a written prospectus of my idea?

many thanks,


Asked on 7/31/03, 7:32 pm

4 Answers from Attorneys

Karla Shippey Law Offices of Karla Shippey

Re: Applying for a patent of an idea

It is not necessary to have a prototype or model of your invention. However, you must have a clear description of it, sufficient that one could create a model or prototype. We work with many clients who are in the early development stages and can provide only a basic written description.

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Answered on 8/01/03, 3:34 am

Re: Applying for a patent of an idea

It is not necessary to have a prototype of your invention in order to apply for a patent. However, a patent application must have enough information in it to be enabling (i.e. to enable someone who is skilled in the relevant field to be able to understand and/or implement the invention after reading the application). So if you have a clear and detailed idea of your invention, you should be able to file a patent application on it. Please contact our office if you would like further advice and/or help with preparing the application.

Regards,

Deepti Panchawagh-Jain

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Answered on 8/01/03, 1:56 pm

Re: Applying for a patent of an idea

A written application with drawings and/or description is the usual way to apply for a patent.

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Answered on 7/31/03, 8:08 pm
Jeff Lambert Attorney at Law

Re: Applying for a patent of an idea

Depending on the idea and proposed invention, you may be able to do that. If you wish to pursue this, please feel free to call our office to discuss further.

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Answered on 7/31/03, 8:08 pm


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