Inventing New Products/Inventions/Invention Process


Is it 1st make a prototype and 2nd file a provisional patent application? Or file a provisional patent application, and then make a prototype? I live in Toronto, Ontario, Canada.

Hi Jennifer,

There is no set way to invent as no situation, person, idea or market circumstance is the same.  Rather; there are best practices that can be followed to maximize your potential for at least a shot at success.  So, getting to your question...

A provisional patent application is basically a filing-date placeholder for your future full patent to be filed no more than 1 year after the provisional patent is filed.  You will want to research it and really familiarize yourself with what a provisional actually is and when it is useful...and when it is not.

Generally; if you are producing the prototype yourself and keep your idea secret, there is no need for a provisional patent yet.  Conversely; if you plan to contract with a company or manufacturer of some kind to make your prototype for you, then I would absolutely suggest a provisional patent to be filed before you even say one word to that company or entity.  

I hope this helps you sort out what needs to be done.  Let me know if further questions arise.

Happy Inventing!

Marty McCrea

Inventing New Products/Inventions

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Marty McCrea


Commercialization of an idea is truly an art form and I'm really good at letting people borrow my paintbrush. Although, it's important to note that you are your own artist, I can't paint what you see in your mind, only you can do that. But I can help. I can answer questions about honing your idea and helping it to become more real in your mind, your research, and within your speaking. I can answer questions about market research, validation, and where to go to make your first contact. My expertise is in answering the large questions that you have into more manageable pieces. I can also assist you in finding the source of the data that you can use to prove and pitch your idea if that's the path that you're on.


In my opinion, the current way to invent is inherently flawed. Regular people like us normally get “eaten up” by the proverbial sharks in the water. (corporations, invention submission companies, lawyers, etc)

We can not stand for this any longer; you feel this too, yes?


I have helped people think and re-think their ideas for years. Nobel Prize Winner Albert von Szent-Gyorgyi once said that "Discovery consists of seeing what everybody else has seen, and thinking what no one has thought." I agree with this truth with all of my heart. Now let's talk about your question, your passion, and how I can help your idea gain momentum if it is ready. If your idea is not ready for the market yet, I'll help you determine how you can get ready.

Bachelors of Arts in Organizational Communication from the University of Northern Iowa Masters of Science in Technology Commercialization from the McCombs School of Business at the University of Texas at Austin

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