1) You need a prototype before filing a patent application
Untrue! The only requirement is that the invention is describable in sufficient detail such that an average person in the field would be able to make and use it. Also, the requirement is not that the inventor be able to sufficiently describe the invention, and in many cases, an idea can be patentable even if the inventor would not know how to implement it. For example, if the inventor can describe an idea to a patent attorney such that the patent attorney is able to then add sufficient detail, then the idea might be patentable.
2) A patentability search is required before filing a patent application
Wrong! There is no requirement to do a patent or prior art search before filing a patent application – it’s optional. For some inventions, a patentability search would be highly recommended, but for others it’s a complete waste of time and money.
3) It’s okay to file a patent application without a patent attorney
Sorry, it’s not a good idea. Sophisticated technology companies always work with patent attorneys during the drafting, filing and the examination of patent applications at the Patent Office. These companies know that all patents are not created equal and that navigating the patent process without an attorney typically leads to a less-valuable and unenforceable patent, or results in a patent never issuing at all. Working with a patent attorney is the only option for any serious inventor or company. Luckily, contrary to popular belief, working with an attorney is possible on nearly any budget.
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