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I have an Invention ... Now What?
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   Do I Need A Prototype?
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   Author  Topic: Do I Need A Prototype?  (Read 1287 times)
new_directions
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Do I Need A Prototype?
« on: Jan 3rd, 2006, 9:30am »
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Hey Guys
 
Thanks for reading my question.
 
I have an idea / invention (only in my head at moment).
 
Do I need a prototype in order to patent my idea / invention Huh
 
If I do, how do get help making the prototype without someone 'steeling' my ideal.  
 
i.e. is there a way to protect my idea / invention at this early stage when I need help making prototype??
 
Thanks in advance
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JimIvey
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  jamesdivey  
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Re: Do I Need A Prototype?
« Reply #1 on: Jan 3rd, 2006, 8:20pm »
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No, you don't need a prototype.  All you need is to describe your invention in enough detail that one of ordinary skill in the particular technology of your invention can make and use your invention (e.g., can make and use their own prototype from your description).
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
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highambitions
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Re: Do I Need A Prototype?
« Reply #2 on: Jan 4th, 2006, 8:27am »
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Hi, Jim.  If I don't need a prototype do I need to hire some type of engineer to draw up the product for me?  And, if so, how do I locate someone who is qualified in this area?
 
The idea I am trying to pursue is made of plastics and, therefore, I could not describe the exact size or composition of the plastics without some help.  What is the best method to find someone who can help me design the product so that I can then accurately describe the exact composition of material, size, etc.?  
 
Thank you in advance for any advice.
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Isaac
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Re: Do I Need A Prototype?
« Reply #3 on: Jan 4th, 2006, 8:52am »
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In most cases, the patent application need not describe the exact plastic/material compositions unless that is the novel and non obvious part of the invention.  I have drafted applications where the materials used were important.
   
Similarly exact sizes are possibly patentable differences, but usually not.    
 
OTOH, if you're still working out details of how the thing might work and you think the prototype process might help flesh those out, maybe you are not quite ready to draft an application.  
 
In any event, getting an engineer or other prototyping experts to sign an NDA is probably not going to be difficult to do.   Getting potential licensees to sign an NDA might be more difficult.
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Isaac
JimIvey
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  jamesdivey  
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Re: Do I Need A Prototype?
« Reply #4 on: Jan 4th, 2006, 11:59am »
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Isaac's right and makes a good point or two.  I'll just add that, if you think you can hire just any old engineer to help you build a prototype, then whatever information you would give such an engineer should be sufficient, in theory, in a patent application to enable the ordinary engineer (of the applicable technology) to make and use your prototype -- and that's all you need in the application.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
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