Can I patent just an idea? Must I build a prototype? What if my technical execution isn’t perfect?

It is possible to apply for a patent before the product is produced. The core of this issue is not whether the idea can be patented, but whether the idea has formed a complete and specific technical solution。

A patent is a technical solution, and if the idea of solving a technical problem is a specific set of technical solutions, then a patent can be applied for.

In addition, whether a patent application can be granted depends on whether the technical solution meets the authorization conditions required by the Patent Law (the most essential condition is the three properties of the patent: utility, novelty, and creativity). If the authorization conditions are met, the patent can be granted.

So, as long as the technical solution has been determined, a patent can be applied for.

Sometimes, even if the technology is not perfect, we can still apply for a patent first, because we can continue to apply for a new patent after the technology is improved, or improve the prior application by claiming priority within the priority period. Sometimes, we also adopt the approach of delaying the examination of prior patents to buy time for subsequent technological improvements. In most cases, protecting a technology cannot rely solely on one patent. It usually requires the cooperation of multiple patents to create a more robust technological moat.

Shanghai Bulu Intellectual Property Agency LLP

 

 

Shanghai Bulu Intellectual Property Agency (Special General Partnership)

Phone:+ 86 (0)21 5833 8320
Email: info@bulu-ip.com
Address: Room 607, Yinqiao Building, No. 58 Jinqiao Road, Pudong New Area, Shanghai
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