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Re: Re: Is a prototype always needed for patenting?[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by wes derrick on March 31, 2000 at 12:01:49: In Reply to: Re: Is a prototype always needed for patenting? posted by M. Arthur Auslander on February 29, 2000 at 12:28:56:
: : The question is: Technically, no. Practically, yes. Why is this? If you cannot make it or practice the invention (or show that you can), you are going to have a tough time demonstrating that you have actually achieved reduction to practice. (IIRC, I read somewhere that there have only been a handful of patents obtained in the last 50 years where it was obvious enough from the design that legal reduction to practice was conferred from the idea itself). : : For some ideas it is scientificaly If you cannot make a prototype, has it been reduced to practice? Not really. However, w/o knowing more about what the idea is, no one can tell you the answer to your question. The answers that I gave above are only what I would say based on my understanding of the patent statutes. Do not rely upon them, but I would make sure that they came up in any discussion you might have with an attorney/agent). Wes Derrick, PhD
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