Do You Need a Prototype to File a Patent?
By Stewart Myers, Registered Patent Agent  |  June 26, 2025
Ever had a million-dollar idea, but no working prototype? Here’s what the patent office actually cares about—and what it doesn’t.

Short Answer: No, You Don’t Need a Prototype

One of the most common myths in the invention world is that you must build a prototype before you can file a patent. The truth? The U.S. Patent and Trademark Office doesn’t require you to have a prototype at all. What matters is how well you describe your invention—so clearly that someone skilled in the field could build it from your explanation alone.

What You Actually Need

Why People Get Confused

Popular TV shows (looking at you, Shark Tank) and some “invention help” companies love to push the idea that you can’t protect an idea unless you’ve built it. Not true! Many patents are filed before a working model exists.

Should You Ever Build a Prototype First?

Sometimes. Prototypes help test concepts, impress investors, and iron out design bugs. But if you’re tight on budget or time, focus first on protecting the idea—then iterate.

#1 Rookie Mistake: Waiting Too Long

If you disclose your idea (even privately) to too many people or show it off online before filing, you could lose your rights. File first, brag later.

Have an idea you want to protect (even if it’s still on a napkin)?
Contact me or read more tips in Protect & Profit.