Is it necessary to physically create the invention before filing for a patent?
No. Actual reduction to practice is not required because constructive reduction occurs when a patent application is filed. In some circumstances, actual reduction to practice is preferred because the patent is limited to what is disclosed at the time of filing and it may be difficult to describe a precise solution to a problem without actual implementation. On the other hand, concept patents, without actual implementation, may prove valuable, especially where multiple filings follow in direct relation to technical improvements, innovations and developments. This latter strategy helps create a series of patents that together form a patent portfolio.
