Proving the invention

The need for prototypes

For obvious reasons you need to prove - first to yourself, later to investors or companies - that your idea works. For an invention that is a process or a business method, physical proof may not be possible or necessary. For an invention that is a substance (for example, a new kind of shampoo), samples to test may be sufficient.

But if your invention is a manufacturable product, you need to show it looking as close to a finished article as you can manage or afford. That usually means producing at least one and often a series of prototypes. This may be where your first serious costs begin, so you need to plan and control your prototyping activities.

For some inherently costly ideas you may need to seek funding for the prototype itself. In that case you must gather convincing evidence that your idea will work, and has the potential to make enough profit to justify the much greater level of risk.

Prototype strategy

First prototypes

First prototypes are for you alone. No one else need see them, so they can be made from any suitable cheap materials. Their purpose is:

• To convince you that your idea works.
• To enable you to solve or at least identify technical and design problems.
• To enable you to improve the idea through trial and error.

If you can, use computer aided design (CAD) for much of this stage. CAD can save significant time and cost, and may provide you with much additional data that might be difficult or impossible to collect from physical prototypes.

It is advisable not to move beyond first prototype stage until you have done all the problem-solving and design refinement you can. This may be frustrating, but solving problems or redesigning your idea at a later stage is likely to be much more difficult and expensive.

Finished or presentation prototypes

These are the prototypes which you will use to demonstrate your idea to other people - in particular, to potential investors or licensees. They should look and perform as much as possible like a finished product. The main reasons are:

• Most potential investors or licensees will want to see ideas with as few unresolved problems as possible, because that reduces their risk.
• Few people have the ability to look at a rough early prototype and visualise a finished, quality product.
• The closer your prototype is to a finished product, the more you will learn about the design, production and cost aspects of your idea. This knowledge will be invaluable when you need to convince people of the technical and commercial viability of your idea.

You may need professional help to produce a finished prototype: for example, from a product designer or a company that specialises in prototypes. The cost may be worthwhile if it enables other people to understand more fully (a) the potential of your invention and (b) your own professionalism and commitment.

However, if you use professionals try to avoid unnecessary costs. Designing and making an entirely original prototype will be expensive. Using at least some standard industrial components, or parts ‘borrowed' from existing products, may be much cheaper. You must set a budget that balances quality and affordability, and you should always question any proposal that substantially increases cost for only a marginal gain in function or appearance.

Finished product

Without doubt, the best form of finished prototype is a saleable product. You can prove that your idea sells, even if only on a small scale, and you have a supply of samples to speed up evaluation by companies. This strategy will not be suitable for every invention, but it may be worth considering if there is relatively little difference between the cost of a single prototype and the cost of a trial batch of, for example, 100 further units. In most forms of manufacturing, the greatest cost is the set-up; the products themselves cost relatively little.

Working prototype plus model

If you cannot afford a high quality prototype, an acceptable alternative may be a combination of the best of your first prototypes (to demonstrate performance) and a non-working model (to demonstrate appearance). For the model you can use any cheap workable material - for example, painted wood to represent plastic.

A short video

A video may be essential support material if:

• Your prototype has a lengthy operating cycle.
• Demonstrating your prototype requires a site visit or a special environment.
• You have to show people using your prototype.
• Your prototype cannot be guaranteed to work on every occasion.
• You need to record a unique event: for example, trials of your prototype tested against competing products.

Edit the video to no longer than a few minutes so that it does not occupy too much time during a typical first meeting of 30-45 minutes.

Video can be easily copied and will count as disclosure, so be careful to ensure that (a) your idea has adequate legal protection and (b) you do not allow unauthorised viewing and copying of the video. The video itself should be protected by copyright (Part 5).

Other support materials

Additional material that may help you present your idea could include:

• Product packaging. This may be expensive to do well, and so may only be worth the effort if packaging is of more than usual importance to your target market.
• A draft advertisement or brochure to show how you see the product being marketed.
• A website on which you can put information about your idea. This can be an inexpensive way of meeting business information needs. However, seek advice from a patent attorney to ensure that you do not disclose anything that may compromise a future patent application.

Help with design or redesign

Design - in terms of both function and appearance - is a key factor in the success of commercial products. You therefore need to think about the design of your invention from day one, because its potential may not be recognised if all other people can see is an impractical or unappealing design.

An experienced product designer can help you deal with manufacturers or component suppliers, either at prototype or full production stage. Manufacturers need detailed specifications before they can make anything, and if queries or problems arise they need to talk to someone who is technically knowledgeable.

The cost of professional design may be offset if your designer can find ways of  improving product quality or reducing manufacturing costs through good design.

However, if your designer contributes ideas which significantly improve your invention, the designer may be legally entitled to a share of the IP. You should therefore first discuss how any new IP in the idea will be shared, in order to prevent disputes arising later. Your agreement should be based on advice from a patent attorney and documented before work starts.

Manufacturing prototypes

If you need to involve a manufacturer in prototyping your idea, ask several companies for prices as manufacturing costs can vary widely. Small companies tend to be cheaper and more prepared to accept very small orders. Larger companies tend to be cheaper only at high volume, but for that reason it may be useful to know how cheaply your product could be manufactured in larger quantities.

Ask for prices based on the detailed drawings that you or your designer have produced but make sure that those drawings represent exactly what you want. A late request for even a minor modification may increase costs considerably.

Proof of concept

If you cannot make a prototype without financial help, you must focus on proof of concept. This means presenting enough evidence to persuade an investor or innovation support organisation to pay for at least a prototype.

In producing proof of concept, your aim should be to make it difficult for anyone to say, ‘You have not told us this' or ‘Where is your evidence for that?' You must produce detailed and credible data - including mathematical proof where relevant - to support every technical claim you make for your idea. You must also make a strong case that your idea has excellent commercial prospects.

It may help greatly if you can produce independent expert evaluations of your idea alongside your proof of concept. For example, it may be possible to obtain expert opinion at relatively low cost from a university that specialises in your technology area.

Subcontracting product development

Armed with proof of concept, it may be possible to approach one of the growing number of companies which specialise in product development and prototyping. They may be prepared to develop your invention in return for a stake in your IP. 

This solution may be worth considering if it is clear that your idea cannot be developed or even prototyped without substantial funding and specialist expertise. However, companies willing to share the product development risk are likely to consider only ideas with outstanding profit and growth potential in high-value markets. They may have little interest in ‘ordinary' consumer products. For that reason, they typically reject most of the ideas offered to them for development.

Such companies should not be confused with invention promoters (Part 3 ). None the less, they should be selected with care. You could start by seeking impartial advice from government approved technology support agencies. And before entering into any agreement to share your IP, you will certainly need detailed advice from your own patent attorney.