Hi, I’m Anthony Verna, managing partner, Verna Law, P.C. We focus on intellectual property and advertising law. You can find us at vernalaw.com. Now, let’s get to the meat of this.

Do I need a model or prototype before I can file a patent?


It’s one of the most misunderstood aspects of patent law: you do not need a model or a prototype to file for a patent application. Instead, you only need to have enough information in order to be able to explain your invention to someone, such as a manufacturer, that is capable of making it. As a rule of thumb, if you’re able to explain how to make your invention or how your invention works, then you should be able to file for a patent application. But – that’s one of the tricky parts here let’s get to from something to say theoretical to, well, what happens in real life.

If somebody comes to our practice and says, “I have a great invention! It’s a transporter beam!” and you’re not really able to describe how you’re going to take molecules of people, turn them into, you know, some other matter. And then, you know, deposit the person safely on the other side. Well, it’s not really going to work all that well, but again, that goes back to the practical part of this.

You have to be able to describe the invention, make sure your invention is new, novel, make sure it’s not obvious, absolutely.

Make sure that you’re able to describe it so that those who have the capability to make it can make it. You don’t need a model. You don’t need a prototype, but you have to have the ability to describe it fully. Without that description, your patent application will just never be able to go to fruition.

I’m Anthony Verna, managing partner of Verna law. Again, we focus on intellectual property, patents, trademarks, copyrights, domain names, and advertising law visit us at vernalaw.com. We’ll see you here next week.