To acquire a patent for a new invention, you are not required to actually build a prototype working or otherwise. In fact, the U.S. Patent Office does not accept prototypes at all.
To meet the requirements for a patent, your idea must be more than just a suggestion for an invention. Patent attorneys S. Daniel Daugherty II and Thomas R. Williamson III, Esq. explain it must be "a permanent and definite idea of the complete and operative invention as it will thereafter exist." This means that your idea must be complete enough that it can be built and used.
You must file for a patent on your idea if you wish to sell it exclusively. Otherwise, others can use it without penalty. These steps will show you obtain a patent for an idea that meets these requirements.
Instructions
1. Search the U.S. Patent database (www.uspto.gov/) to ensure that your idea has not already been patented. Only the first inventor may receive a patent.
2. File a provisional patent application with the U.S. Patent Office via their website. This document grants you 12 months to file a non-provisional patent application, during which time no other inventor may attempt to patent your idea.
3. Hire a patent attorney. Patent law is complex, and an inexperienced applicant is unlikely to be successful in applying for a patent.
4. Work with your patent attorney to produce the final patent application material. You must produce complete technical descriptions and drawings that demonstrate the way your idea would work in practice.
5. Submit the finished patent application to the U.S. Patent Office with the application fee. Be patient when waiting for a response. This process will take at least 1 year.
6. Respond to the first action taken by the Patent Office. They will likely request that you give them more information about your invention. Once this is done, the patent will be reviewed.
7. Pay the issue fee as soon as you receive a notice that your patent application is accepted. Several months after this fee is received, your patent will be issued.
