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Prototype development

Your idea, built and protected

Building your invention forces you to understand it fully: how each part works, what it needs, and what makes it different. Those details go straight into your patent application, giving it more support and stronger claims than an idea described only on paper. A stronger application is harder to challenge and more valuable to license or sell.

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Why build a prototype

See it work before you file

A prototype is your invention, built: a physical, working first version you can test, refine and put in front of people.

It’s also how you get a stronger patent. Building it uncovers the details, variations and fixes that never show up on paper, and every one of them can go into your application, leaving competitors fewer ways around it.

And when you’re ready to scale, your prototype becomes the blueprint a manufacturer uses to make a commercial-grade product.

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Herbert T. "Teddy" Patty, Registered Patent Attorney

Your patent attorney

Herbert T. Patty, Esq.

A Registered Patent Attorney licensed to practice law in California and to represent inventors and companies before the USPTO. Before becoming an attorney, he worked as a process engineer at Intel, then moved to Intel's legal department for patent licensing and prosecution.

  • 10+ Years IP Experience
  • Santa Clara Law, J.D. + High Technology Law
  • Georgia Tech, Mechanical Engineering
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FAQ

Common prototype questions

General information, not legal advice for your situation.

Still have questions?

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Schedule a consultation to discuss your matter, or call (408) 520-8701.

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Ideally before you show it publicly, offer it for sale or share it without a confidentiality agreement. In the U.S. you have one year after a public disclosure to file, but many other countries require filing first.

It depends on your contract. Without a written assignment, contractors may own what they contribute. Put ownership and confidentiality terms in writing before work starts.

No. The law allows you to file based on your idea alone. But we generally recommend building a prototype first: the details you learn from building it lead to a more complete, stronger application. If you’ve already filed, we can still help you build and refine your prototype afterward.

Talk with a Registered Patent Attorney

Schedule a consultation to discuss protecting your prototype.

Schedule a consultation
or call (408) 520-8701