Legal Question in Intellectual Property in California

You do not need a prototype to file a patent application. Once you file an application with the United States Patent and Trademark Office (USPTO) you will have "patent pending" status on your invention.

Feel free to call our office toll free at 855 IDEA BANK for a free consultation with a patent attorney.

Our website is www.OmniLegalGroup.com.

Good Luck.

Please go to the patent office at www.uspto.gov and look up the material on provisional patents, which are much easier applications and require only a written description and a drawing or drawings sufficient for the examiners to understand your invention. A provisional patent will protect your idea for up to 12 months while you work up an actual application, which may not require a prototype, but a prototype is useful for other purposes (getting investment, etc.).

You should also consider obtaining and using a non-disclosure agreement designed for use in making necessary pre-patent disclosures to workmen, investors, buyers, partners, etc.

Finally, consider getting a self-help law book written for the guidance of inventors. Nolo Press is a publisher of this general kind of books, but there are several others.