Which comes first: Patent or Prototype design?

[sandman78]

Hi All,
I've got a basic design for an improvement of an existing product, but the product is lacking a functioning lever that still needs to be incorporated into the design before I can build a prototype. I'm hesitant to advertise for designers to help finish the lever piece without first securing a patent on my idea, but I'm guessing that I can't get a patent until I've got every detail worked out in the design, including that functioning lever.
Do I need a prototype to secure a patent? If not, can I offer a vague concept of how the lever will work (ex: handle will rotate clockwise to move the lever), or must I detail the exact parts and specifications of the piece (ex: describe what parts make the handle rotate that operates the lever, as well as how they are built and connected) to secure a patent?
Is a patent really that important when adding a function to an already existing product?
Any ideas on what my next step should be?
Thanks for any advice!

[AndyMc]

Little late post, but didn’t seem like anyone responded... so here I go..

You can put together a quick NDA or a similar legal document to have your designers sign. This will help in protecting your idea when showing them.

I'm not a patent Lawyer, but if I recall correctly, you don't need a working prototype to get a patent. A detailed report describing what your product is or how it functions should suffice....

But you might want to invest in a 1 hour convo with a patent Lawyer just to be sure.

[InvenToy]

Hi,

It really depends on the patent status of the existing old product. If it is a new patent then getting a patent for your new 'improved' design is a good option. If you improving a product where the patent has expired (ie over 20 years old) then companies are less likely to want to copy it and rip you off. Getting the first new one out there nrmally works and getting the brand name known is all important when people are browsing the shelves.

Cheers, InvenToy

[tcp]

Andy is definitely right, you don't need a working prototype for a patent and you also don't need a patent prior to discussing it with other people to assist you with the prototype a simple NDA (non disclosure agreement) would suffice. However, I always think that it would be wise, in term of investing any further time and resource to the project, to do some research about your idea. Just make sure that it's not something that's already been thought of already