Can I Patent My Design Specifications Without A Prototype?

By Author: Sarah Ryan
Total Articles: 45
Comment this article

All my designs for my idea are on paper but I don't have the experience to build a prototype. Do I need one for presentation and testing, or can I patent just the specifications?

While in many respects, producing a prototype isn't compulsory, it's generally regarded as a key part of the commercialisation process. One significant advantage of a prototype is that it helps you demonstrate that your idea can really work.

There are a number of different levels of prototypes ranging from virtual prototyping comprising animated 3D CAD drawings, right through to production stage products. A well produced prototype will allow you to:
-Conduct any necessary testing to ensure the product will work as claimed.
-Identify and protect any subsequent improvements prior to patenting.
-Estimate the cost to manufacture
-Provide a visual representation of your idea when you're giving presentations to potential investors, licensees etc.
-Research potential customers prior to entering the market.

Whether or not you choose to produce a prototype, may vary depending on the type of invention, available ...
... resources and your commercialisation strategy.

There are a number of services that can assist you in this area such as industrial designers, which you can find in the Yellow Pages. Additionally, many innovation centres and Innovation Consultants also provide government subsidised technical assessments that provide a written report on your current designs and drawings.

In terms of patenting your idea, again you don't necessarily require a prototype, but you will need to convince the patent examiner that the device works as outlined and is useful. You could achieve this with comprehensive drawings and descriptions.

Contact the NSW Innovation Advisory Service to arrange a Preliminary Patent Search to ensure your idea has not already been patented.
 
The NSW Innovation Advisory Service provides an innovation consultancy which is subsidised by the NSW state government. Alchemy Equities is an innovation consultancy and is contracted by the state government to deliver the NSW IAS. See www.ausinvent.com

For more information on Small Business Grant Australia, Innovative Small Business Ideas and Confidential Agreement. Please visit: http://www.ausinvent.com/