The second approach is to develop a prototype before filing a patent application. Further you can decide from a business perspective whether the new details are sufficient to justify the cost of a second application. If additional details or changes are discovered or made to the invention during prototyping, then your patent attorney can evaluate whether a second application should be filed on the new material discovered or invented during prototyping. The first application will record the details known that that time. The first approach provides that you file a patent application on your invention before prototyping. The first is the most protective procedure. There are at least two ways to deal with the possibility that prototyping will result in new details about your invention. It is well known that oftentimes when developing a prototype you will learn additional details about your invention and you may make changes and improvements during prototyping.
On the other hand if you know for example your device needs a motor to operate certain components and you know how those components would interact with the motor, it may not be necessary to know all the internal details of the motor in order to proceed with a patent. Therefore, if you have a general idea about how your invention would work, but if you can’t describe how one important component of your invention would interact with another important component of your invention, then you may need to further engineer or prototype your invention before applying for a patent.
We prefer to error on the side of more disclosure of details regarding the invention rather than less when writing a patent application. However, the law requires that your invention be described to the level of detail in your patent application where one skilled in the technical area of your invention (skilled in the art) can recreate your invention without undue experimentation by reading your patent application. patent laws do not require that you create or build your invention or otherwise create a prototype before filing a patent application.
However, depending on your invention and the circumstances of your case, it may be beneficial to develop a prototype before filing a patent application, as explained below. You are not legally required to create a prototype before filing a patent application.