CrysPhys
Education Advisor
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(a) If you plan to license or sell your patent, or get some sort of financial investment, you need to demonstrate that the device works (preferred), or at least is likely to work. An actual working prototype is much more convincing than a simulation in this respect. Since the simulation will cost about the same as building the prototype, I'd say let's drop the simulation from further consideration. Then a key issue is the time to produce the prototype.artis said:I guess @russ_watters advice is the most logical here, problem is a patent in itself does me no good it only gives me some safety but I still need to find money to do any further work, also there is always the possibility that I file a patent and some critical part doesn't function the way I thought after I make the prototype model, what then? It means I need to reconfigure but that might make my already filed patent useless as now I have a different critical part? I guess the question is how wide is a patent coverage given that my basic idea and means of achieving it which are written down in the patent stay the same but I make changes in geometry and overall details like form, shape or parts of an electrical circuit?
(b) From a financial perspective, it would make sense to produce the prototype first.
* If it works as planned, file a patent application.
* If it doesn't work as planned, but it can be made to work with modification, do that; then file a patent application.
* If it doesn't work as planned, and can't be made to work with modification, then drop it.
* From a patent perspective, though, the down side is that while you're doing all this prototype work, prior art may be accruing, and this prior art may lead to rejection of your claims. You just don't know.
(c) From a patent perspective, it would make sense to file the patent first to lock in the earliest priority date. Then build your prototype.
* If it works as planned, pat yourself on the back for a job well done and for making the right choice (in hindsight).
* If it doesn't work as planned, but it can be made to work with modification, do that. Check to see whether the modified device is covered by the original claims in the patent application.
- - If so, OK.
- - If not, check whether the modified device is covered by the written description.
/ If so, file an amendment to the claims (exactly when depends on your filing strategy).
/ If not, file a second application.
* If it doesn't work as planned, and can't be made to work with modification, then drop it.
* From a financial perspective, this could be more expensive, depending on the particular outcomes.
The choice between (b) and (c) depends on how much confidence you have the device will work, how you arrange your finances, how thorough you are in thinking though alternative solutions, and how good a patent practitioner you hire.
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