Do I Need to Build my Invention Before Applying for a Patent?

No. It is not necessary to build a model or prototype of your invention before submitting a patent application. The filing of a patent application serves as conception and constructive reduction to practice of the subject matter described in the application. Thus the inventor need not provide evidence of either conception or actual reduction to practice when relying on the content of the patent application. However, the inventor must be able to describe the invention in such detail that a person of ordinary skill in the art could make and use the invention without undue experimentation when filing the application.

Actual reduction to practice – the physical construction of an invented object or a physical carrying out of an actual process in a method invention, can facilitate discovery of additional embodiments of your invention and best modes for practicing the invention.

If you have any questions about the patenting process or would like to have a patent attorney draft and file a patent application for your invention please contact us.

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