You may be asking yourself, "Do I need a prototype before I protect my invention?" The truth is in the U.S Patent Law and what is actually required for your invention. People typically picture a patent like a trophy you earn after you’ve built the “real thing.” A polished gadget, a working app, or a shiny prototype you can hold up on a demo day. In reality, most inventions get protected long before they ever exist as a finished product. At Tucker Law, we talk to inventors across Florida who are stuck at the same crossroads: “I have the idea and the design, but I don’t have a prototype yet. Am I too early to protect this?” The answer is usually no. In many cases, you can (and should) take steps to protect your invention before you spend a fortune building version one. Prototype vs. patent: what the law cares about A prototype can help, but patent law isn’t about whether your invention is pretty or production-ready. It’s about whether you can describe it clearly enough that someone skilled in that field could understand how it works. Think of it like this: the patent system isn’t a talent show where you have to perform live. It’s more like a blueprint review. The question is, “Can you explain what you invented in a detailed, practical way?” not “Can you manufacture it tomorrow?” To put it in simpler terms, you often do not need a prototype if you can provide: A clear written description of the invention and how it works Drawings, diagrams, flowcharts, or schematics that show the key parts/steps Enough detail to explain how someone would make and use it For many mechanical products, that [...]

The product you’ve been talking about for months. Same concept. Same features. Maybe even the same wording you used when you pitched it to someone, and you see it on Amazon! This has you asking, "I Saw My Exact Idea on Amazon, but I thought of It First. Do I Have a Case? I get why people say that. In everyday life, “dibs” feels like a real thing. If you called it first, you should win. But when it comes to intellectual property (patents, trademarks, branding), the law doesn’t run on dibs. It runs on proof, timing, and the right kind of filing. Let’s break down what “I thought of it first” actually means—and why it often isn’t enough by itself. Why “I had it first” doesn’t automatically matter An idea, by itself, usually isn’t protected. That’s the part that surprises people. The law protects certain rights—like a patented invention, a registered trademark, or copyrighted content—but it doesn’t give automatic ownership just because you came up with a concept in your head or wrote it in your notes app. So when someone says, “They stole my idea,” the real legal question becomes: What exactly do you own, and can you prove it? Patents: in most cases, it’s first to file, not first to think. If your situation is about an invention (how something works, how it’s made, a new functional feature), you’re in patent territory. In the U.S., patent rights usually go to the first inventor to file—not the first person who brainstormed it at the kitchen table. That means: A competitor who files a patent application before you can end up in the stronger position, even if you had the idea earlier. Your notes, [...]

You’ve got a great idea, but now you're questioning, "Can I Sell My Idea Without Anyone Stealing It?" Maybe it’s a new product, a smarter app workflow, a safer tool, a clever brand concept. Something you can’t stop thinking about. And now you’re ready to “sell” it. Then the fear kicks in: What if I tell someone and they steal it? That’s not paranoia. It’s a real risk. And it’s also the reason so many good ideas never leave a notebook. Here’s the straight truth: you can reduce the risk a lot, but you can’t eliminate it. The goal isn’t perfect protection—it’s smart protection. Like locking your car and parking under a light. You’re not guaranteeing that nothing happens, but you’re making yourself a much harder target. Let’s walk through how this actually works in the real world: NDAs, disclosure risks, and the truth about “idea buyers.” 1) First, the hard truth: ideas are cheap; execution is valuable People dismissively say this sometimes, but there’s a legal reality behind it: a bare idea—without details, without something original fixed in a tangible form, without a confidential business plan, prototype, code, or patentable invention—is often not protected by much. That’s why the way you present your idea matters. If you walk into a meeting and say, “It’s Uber, but for dog grooming,” that’s a concept. If you walk in with a defined system, pricing model, customer acquisition plan, vendor standards, workflow, and a unique platform structure you built, now we’re talking about something you can protect more effectively (as a trade secret, or potentially through patents/copyright, depending on what it is). So before you pitch, get your “idea” into a protectable shape. 2) How an NDA helps [...]

If you’ve built something new—an app feature, a medical device tweak, a clever piece of hardware—the urge to move fast is real. And when you’re staring at a blank page titled “Patent Application,” AI tools can feel like a shortcut: type a few prompts, get a draft, file it, done. If you're online wondering, "Can I use AI tools to help write my patent?" AI can be a useful tool when you’re staring at a blank page and trying to describe an invention. But if we’re being honest, most people asking this question aren’t looking for help writing sentences—they’re looking for real protection. That’s where a lawyer is better than AI. Because a patent isn’t an essay. It’s a legal boundary line. If the boundary line is drawn wrong, the “patent” you file can look official, cost real money, and still be easy for competitors to step around. Here’s why working with a patent lawyer will get you stronger results than relying on AI, especially if the invention matters to your business. 1) A patent lawyer doesn’t just write. They build a strategy. AI can generate text. A lawyer builds a plan. When we draft a patent, we’re not only describing what you made—we’re deciding how to protect it in the real world: What is the true point of novelty (the “this is what’s different” core)? What do we want to stop competitors from doing? What are the likely workarounds, and how do we block them? What’s the best filing approach for your timeline and budget (provisional vs. non-provisional)? What details should be included to support broad claims later? AI can’t reliably make those judgment calls in your best interest because it doesn’t understand your [...]