Prototypes, MVPs, and Patents: What You Need and Where to Begin
A Simple Yet Complete Guide to Envisioning, and Then Realizing, Your Dream Product
Picture this: you have an idea for the perfect new product. You’ve gotten yourself amped up and motivated; you’re ready to begin. But a bit of online research has left your mind swirling with familiar yet confusing terms: prototypes, MVPs, and patents. You have no idea what to do first, where to spend time and resources, or what the correct path is.
If that sounds like you, then you’ve come to the right place! This guide, courtesy of the product development engineers and experts at LA NPDT, tells you everything you need to know in a quick yet comprehensive guide. So, if the obstacle that’s been holding you back from pursuing your product idea is a lack of understanding of the process, read on, and fear not: we’ve demystified the path to success and are ready to help you achieve the ambitions that only you can realize!
How an Idea Begins
First and foremost, you’ve got to have the instigating force of a project: an idea! This can be as simple as a problem you’d like to solve, or as complex as a fully-envisioned concept.
The idea could come from challenges you or people you know face in daily life, or be a way to enhance something we all use that already exists. It may be an opportunity for financial gain that only you can see, or it might emerge from a desire to improve the world.
Whatever it is, it has to be something that you can expand and explore in a tangible way. In other words, it has to be something you can build. Once you’ve determined that it’s possible, either on your own or by consulting with a product development group like LA NPDT, then it becomes important to create a version of that idea, determine if there is a market demand for it, and protect your rights in it.
This is where the three-pronged approach of prototype, minimum viable product (MVP), and patent all come into play. But what are these three concepts, what order should they occur in, and are they all really necessary to undertake?
What is a Prototype, and Why is it Necessary?
Fundamentally, a prototype is the first exploration, whether physical or digital, of what a product can and should be. Merriam-Webster Dictionary defines a ‘prototype’ as “an original model on which something is patterned… [a] usually functional form of a new type or design,” and explains further that the root of the word is a Greek term meaning “the first to be formed.”[1] We can therefore understand that a prototype is ideally meant to be the first step in a sequence of product development.
Furthermore, it’s entirely possible that once a prototype is created, practical exploration and analysis will reveal that it is flawed and needs to be redesigned. There is no set rule for how many prototypes may be needed, or how long it will take to find the ideal realization. An extreme example is the case of Sir James Dyson, namesake of the famed vacuum cleaner brand, who spent 15 years developing 5,127 different prototypes of his first vacuum design before finally settling on the right one.[2] Fortunately, most inventions don’t require quite so much effort, but the Dyson story illustrates how, in the process of iteration, perseverance is key. And prototyping makes it easy, by keeping costs contained and allowing rapid retries when an attempt fails. Imagine what would have happened if Sir Dyson had gone straight into manufacturing his first iteration, without trying to prototype first? The results, we can surely say, would have sucked.
It may be that, in developing your idea, you have inadvertently already created dozens of prototypes without even realizing it. Have you sketched the idea? Guess what: that’s a form of prototype! Made a computer model of it? That’s also a prototype! Prototypes don’t have to be tangible items; they can be representational too. You can even have a prototype that is created and experienced solely through virtual reality![3] However it is created, the prototype is meant to find the right path to the final design. So, it goes without saying that the prototyping process is an essential part of product development, and should not be overlooked or skipped.
What is a Minimum Viable Product, and Why is it Necessary?
If a prototype is, as described by The Product School, “a lightweight early version of your product,” then what is a minimum viable product (MVP)? Well, according to the same source, “an MVP is also a lightweight early version of your product.”[4]
Confused? Honestly, it would be surprising if you weren’t, because as both The Product School and Industry Week explain, in recent years the two terms have come to be used interchangeably, to confounding and frustrating results.[4][5] Critically, the difference between the two is in the intent, not the outcome.
Part of the problem with the MVP as a concept is that, unlike a prototype, it lacks a clear definition from authoritative third-party sources. Merriam-Webster does not define the concept’s meaning, nor do other established dictionaries.
Thus, a wide variety of definitions and understandings of the MVP concept exist. These multitudes of understanding have evolved with time, and are not actually representative of the term.
For in fact, the MVP concept does have a definition: the description given by its creator, Frank Robinson of the consulting company SyncDev, who coined the term in 2001. As defined by Robinson:
“The MVP is the right-sized product for your company and your customer. It is big enough to cause adoption, satisfaction, and sales, but not so big as to be bloated and risky. Technically, it is the product with maximum ROI divided by risk. The MVP is determined by revenue-weighing major features across your most relevant customers, not aggregating all requests for all features from all customers.”[6]
How did this simple, even clarion definition become so misunderstood? Quite simply, it was appropriated by business guides and self-help books, and endlessly reinterpreted into the misunderstood and unclear usage that today predominates. However, from the original source, it can be plainly seen that an MVP is entirely different from a prototype.
The intent of a prototype, as explained by the Industry Week article, is “to determine whether a concept solution works.” An MVP, on the other hand, is “meant to help innovators understand whether customers will pay for a concept solution.”[5] The MVP is, therefore, the expression of the product, derived from the prototyping process, which properly serves the needs of customers in the marketplace.
It is a step which comes after prototyping and which is necessary to bring the conceptualized product into actual use. As described in a 2021 article in Forbes, “Founders and many developers often confuse the concepts of an MVP and a technical prototype… [but] in reality, the idea of an MVP has little to do with development… An MVP is not a technical prototype but a way to validate its sale.”[7]
The unfortunate truth is that, just because an idea is good, and just because it has an exceptional prototype, it is not guaranteed to make for an MVP which the market actually wants. This may happen for a variety of reasons, most of which are outside of the inventor’s control.
Consider the Dyson case: after Sir James Dyson completed his 5,127th and final prototype, the version of his vacuum that worked perfectly, he thought that, at last, he would easily be able to find a buyer. Not so. He spent another three years attempting to sell the concept – to get to the point, if you will, of being able to have an MVP that people would buy. In Sir Dyson’s case, the problem was simple: his vacuum competitors knew the idea was amazing, and they didn’t want to risk disrupting their own business by introducing it. Instead, they hoped that if they didn’t buy it, the inventor would give up on his dream and go away. But they didn’t count on Sir Dyson’s tenacity.
Like the best inventors, he didn’t give up; what were a few setbacks after over 5,000 tries? Instead, after three years, he found a company in Japan that would manufacture and sell his concept. This first version, the G-Force, sold for $2,000, was only available in Japan, and had limited functions and features compared to what would come later. But it was Dyson’s MVP.
From this “right-sized product,” adoption, satisfaction, and sales all resulted. The success propelled Sir Dyson to launch his own company, and the rest, as they say, is history.[2]
Another famous example, perhaps even more remarkable for its initial lack of market interest, is arguably the most significant transportation invention of the 20th Century: the airplane.
On December 17, 1903, Wilbur and Orville Wright successfully tested their first powered aircraft, the Wright Flyer, successfully launching and piloting it a total of four times within the span of the afternoon. This aircraft was the Wright Brothers’ prototype; tellingly, after that single day of trials, it was never flown again.[8]
Following that flight, the brothers attempted to sell new iterations of the Wright Flyer to customers. But it didn’t work. For years, not a single aircraft sold. The problem wasn’t that they lacked a working prototype; instead, the issue was that the market did not fully understand the uses of their product, and therefore, it languished.[5] Furthermore, the most likely clients for the airplanes, the United States War Department, had already spent a great deal of money on another airplane prototype which failed, and were thus reluctant to try again. In short, they didn’t want a concept, but a working, proven airplane.[9] To break through, the brothers needed something else: an MVP.[5] This was eventually achieved when the Wright Brothers found a buyer to represent a later version of their invention, the Wright Model A, to European governments.
An American government contract then followed, requiring several more tries before a legitimate MVP which fulfilled the contract’s requirements, the Wright Military Flyer, finally sold to the War Department in 1909.[9] Clearly, significant improvement from the initial prototype was needed for the American military to be convinced of the utility of this remarkable invention, and that process, of meeting the requirements of the “major customer,” was what ultimately sealed the deal for the Wright Brothers to become successful businessmen.
What is a Patent, and Why is it Necessary?
A patent, as defined by the World Intellectual Property Organization (WIPO), is “an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.”
The WIPO also states that “to get a patent, technical information about the invention must be disclosed to the public in a patent application.[10]
In other words, a patent is not a determination of the practical or financial viability of an invention (as are a prototype and MVP, respectively), but rather, the means by which the conception, components, and execution of an invention are protected and owned by its creator.
A patent is the public and legal proof that inventive work has taken place.
A patent, as defined by the World Intellectual Property Organization (WIPO), is “an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.”
The WIPO also states that “to get a patent, technical information about the invention must be disclosed to the public in a patent application.[10] In other words, a patent is not a determination of the practical or financial viability of an invention (as are a prototype and MVP, respectively), but rather, the means by which the conception, components, and execution of an invention are protected and owned by its creator.
A patent is the public and legal proof that inventive work has taken place.
One of the most common questions among new inventors is whether or not they need to have a working prototype in order to patent an invention.
In short, the answer is no… but that answer, like so many considerations in the inventing process, is complicated. Legal experts agree that it is not necessary to have a working prototype to file a patent. However, it is highly advisable to have a prototype of some kind, such as a drawing or computer rendering, as part of the application.
The reason is that an ‘idea’ by itself cannot be patented; as the WIPO description indicates, the thing being patented is the ‘invention,’ not the idea.[11] Since without demonstrating the specific uniqueness and functionality of your invention your patent filing will likely be rejected, it behooves you to include, at the very least, an illustrated prototype of the invention.
Having a functioning prototype, which further demonstrates the unique solution your invention offers, can provide further evidence and strengthen your patent application.
Perhaps the next question would be whether a patent is necessary. Can an inventor create a new product without patenting it? While the answer may be yes, the real question should be: why would you want to? If you have a desire to protect your creative work, profit from its success in the market, and prevent others from copying your invention, a patent is necessary.
Consider our two case studies of Sir James Dyson and the Wright Brothers. In both instances, patents became central to the future monetization and success of these inventions, while also providing protection for the inventors.
In the case of the Wright Brothers, other manufacturers began to copy the basic designs and concepts of Wilbur and Orville’s aircraft almost immediately. The brothers had submitted a patent application in 1903 which detailed their aircraft control system as applied to a glider, and in 1906 were granted a patent for a powered flying machine. By 1909, however, aviation pioneer Glen Curtiss had designed his own aircraft which significantly resembled the Wright creations. A long patent war ensued, with the Wrights’ patent repeatedly holding up in court, but continuous challenges from Curtiss continued for nearly a decade.
Only the advent of World War I, and American government intervention, finally saw the matter settled, with a joint agreement among all aircraft manufacturers to share intellectual materials, for royalties of 1% to be paid to the Wrights’ company, and for one-time licensing payments to be made to both the Wright and Curtiss companies.[12]
Meanwhile, Sir James Dyson had patented his vacuum invention using his successful 5,127th prototype, and then attempted to sell the invention to major brands. One of these was Hoover, a leading company in the industry; like the others, they refused. More than a decade later, and after a multi-year lawsuit, Hoover was found to have violated Sir Dyson’s patent when they attempted to copy his design without paying him a royalty.
They were forced to pay over $4.2 million to the Dyson company. Without his patent to protect him, Sir Dyson would have had no recourse against this infringement.[2]
The final question on patents: when should one be filed? Is it better to wait until a prototype has been created and thereby ensure the patent matches the results of the iterative process, or to file early and thereby secure protection earlier, even if the final result doesn’t precisely match what was patented? One possibility which covers both concerns at a low cost is a provisional patent.
A provisional patent costs between $60 and $300, depending on the size of the filing entity, and allows for a full patent covering the invention to be filed within one year of the provisional patent filing date.[13][14] It is essentially a placeholder that protects you while you develop your invention further.
During this yearlong holding period, it is essential to work hard to iterate and ultimately create a final prototype, which can then be used in the full patent filing.
Working with a product design company such as LA NPDT can ensure this time is utilized well, increasing the likelihood of a successful patent filing, as well as a prototype which can then be turned into an MVP and eventually a commercialized product.
Forward, Unto the Dream To recap, a successful development from idea to product consists of the following steps:
- 1 Imagine an Idea
- 2 Transform that Idea into an Invention with early conceptual and Representational Prototyping work
- 3 File a Provisional Patent to protect the Invention and place-hold until it is developed
- 4 Engage in the iterative process of further Prototyping, until a Functional Prototype exists
- 5 File a full Patent for the Invention, within one year of the Provisional Patent
- 6 Develop an MVP by serving relevant customers
- 7 Sell or release the Final Product into the market
With this clear path before you, there is nothing you cannot attempt.
The only limits are the ones you make for yourselves. And the experts and resources to guide you are within reach, waiting to answer your call. So, do not hesitate.
Now is the time to move forward, unto the dream you seek, and to realize it with your own hands and through your own efforts. And for our part, we at LA NPDT look forward to allying with you, and seeing what dreams may come.
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Thank you for choosing LA New Product Development Team for your Prior Art Search.
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Upon successful payment, you will receive an email with a Non-Disclosure Agreement (NDA) and a questionnaire regarding your product idea.
Your privacy and security are paramount to us, so rest assured that your information will be handled with the utmost confidentiality.
Step 1: Fill in your contact and billing details.
Step 2: Review your order summary.
Step 3: Submit payment.
After your payment is processed, please check your email for the NDA and questionnaire. Completing these documents promptly will allow us to start your Prior Art Search without delay.
If you have any questions or need assistance with your order, please don’t hesitate to contact us.
Thank you for choosing LA New Product Development Team for your Prior Art Search.
Please fill out the form to submit your order.
Upon successful payment, you will receive an email with a Non-Disclosure Agreement (NDA) and a questionnaire regarding your product idea.
Your privacy and security are paramount to us, so rest assured that your information will be handled with the utmost confidentiality.
Step 1: Fill in your contact and billing details.
Step 2: Review your order summary.
Step 3: Submit payment.
After your payment is processed, please check your email for the NDA and questionnaire. Completing these documents promptly will allow us to start your Prior Art Search without delay.
If you have any questions or need assistance with your order, please don’t hesitate to contact us.
Thank you for choosing LA New Product Development Team for your Prior Art Search.
Please fill out the form to submit your order.
Upon successful payment, you will receive an email with a Non-Disclosure Agreement (NDA) and a questionnaire regarding your product idea.
Your privacy and security are paramount to us, so rest assured that your information will be handled with the utmost confidentiality.
Step 1: Fill in your contact and billing details.
Step 2: Review your order summary.
Step 3: Submit payment.
After your payment is processed, please check your email for the NDA and questionnaire. Completing these documents promptly will allow us to start your Prior Art Search without delay.
If you have any questions or need assistance with your order, please don’t hesitate to contact us.