Re: Re: Re: Is a prototype always needed for patenting?

Subject: Re: Re: Re: Re: Is a prototype always needed for patenting?

Comments:
: : : : The question is: : : : : Does one always have to make a prototype to be able : : : : to patent an idea? : : 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 : : : : and practically obvious that if one would make a : : : : system following the idea the system would function : : : : the way the idea has predicted, while in practice it : : : : is almost impossible for an individual to make such : : : : a prototype. : : If you cannot make a prototype, has it been reduced to practice? Not really. : : (the issue of obviousness aside which, in and of itself, could bar obtaining a patent. Depending what you mean by "obvious"). : : 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 : : : : : No. Now what are you going to do? : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive : The filed application is constructive reduction to practice. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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