Patent Attorney and Founder
Should You Prototype First or File a Patent?
Hey there, I’m JD Houvener—patent attorney, founder of Bold Patents, and author of Bold Ideas: The Inventor’s Guide to Patents. Over the years, I’ve helped inventors secure nearly 500 patents, so I get this question a lot:
Do you prototype first, or do you file a patent?
Well, it depends.
If you need to see your invention in action—maybe to convince yourself it works or to refine how it functions—then building a prototype makes sense. That could mean hiring an engineer, collaborating with a co-inventor, or even putting together a rough version yourself. The goal? Prove it works.
But what if you already know it will? Let’s say you’ve been in your industry for years. You understand how the parts fit together. You’re not questioning if it will work—just when you can make it happen. In that case, filing first is often the better move.
Why? Because patents in the U.S. go to the first person to file, not the first person to invent. If you wait too long, someone else could beat you to it—even if you had the idea first.
That’s why, in most cases, I recommend filing a provisional patent application as early as possible. This secures your place in line while you fine-tune your invention, test the market, or even build your prototype. Then, within a year, you can convert that into a full (non-provisional) patent application with all the details.
Bottom line?
- If you need proof your idea works, prototype first.
- If you’re confident it does, file first to lock in your rights.
Either way, don’t wait too long. If you’re ready to move forward, my team at Bold Patents can help you get started.
Go big. Go bold.