Does a prototype need to be built prior to filing a patent application?
A prototype does not need to be built prior to filing a patent application at the United States Patent and Trademark Office (USPTO). However, although there is no legal requirement for such a task, there are a number of benefits that may be realized if a prototype is indeed built.
Some benefits that an inventor may realize with a prototype include: 1) improving upon the invention; 2) discovering additional embodiments; 3) testing to ensure that the invention operates as intended; and 4) demonstrating a physical/tangible object to potential investors, etc. If a prototype is not built, the Applicant must still remember that a full disclosure of the invention must be included within the patent application to ensure that the claimed invention satisfies various statutory requirements (e.g., 35 USC 112 – written description, enablement, best mode, etc.).
It must be stressed that an Inventor may foreclose their ability to obtain a patent for an invention due to their various actions (e.g., public disclosure/use, sale, offer for sale, etc.). As always, a registered patent attorney should be contacted prior to taking any action regarding the foregoing.