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by TT3351 1964 days ago
You don't need a working gizmo to get a patent.
1 comments

You should do. I've you haven't made a working model, you haven't invented anything.
You might want to patent an idea so that it's protected while you're in the process of raising money to build that first prototype.
Part of the idea of patents is they are supposed to be able to teach someone else how to make the invention.

How can you teach someone else to do something if you don't know yourself? You can't.

Frank Whittle patented the jet engine years before he successfully built one. His patent couldn't teach anyone how to build a jet engine, because he didn't know himself.

That's fine, though. Building it takes time and money (people, materials, whatever). You're going to have to explain your idea to your investors in order to raise capital. During that process, you need to be protected from them taking your idea and starting a separate business behind your back.

Lots of patents really are just ideas for things which might work rather than things known/proven to work. Possibly these should be differentiated somehow, and maybe have a shorter time horizon on expiry if they're not "upgraded" from an idea patent to a working-device patent. But that's a legit reason for idea patents to exist, and that's the present reality.

If you came up with two great ideas to do the same thing and only want to develop one.
Let's say you've designed a new CPU, and it's really clever.

You will never be able to make it, end of.

If you speak about it in any context other than a patent Intel or some other large company will take your idea for free.

If you've designed a time machine, I sort of agree, but this principle is really stupid and goes against what the point of a patent is in the first place.

Maybe don't make a whole CPU, but a proof of concept of your core ideas?

Allowing patent squatting with ideas instead of prototypes is more damaging than requiring a proof of concept.

I suspect it's just not a big issue. Famously, you need a working prototype in order to patent a perpetual motion machine, so the patent office is apparently willing to implement such a test if necessary.