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[avalys]

Let's say I have an idea for a great new technology, involving several new inventions.  Let's call it a space ship. 

I have a pretty good idea of what each invention looks like, such that I know how it all works on paper and, if I had the money, could tell a patent attorney in whatever detail is required exactly how the entire space ship will work and what the dimension of every part is.

However, I don't have the money to actually build the space ship myself, nor any of the component inventions.  I have gone as far as I can with my design myself, and my only feasible next step before proceeding any further is to look for investors so I can hire more people, with specialized skills, to help me out with the design, and actually build the thing.  Obviously, when the ship is actually built, the design may change.  It is possible someone I hire will discover that component A, as I currently envision it, will explode in operation, because of some obscure detail of material science that I'm unaware of, and that it needs some critical dimension/material/etc. changed to actually function as required.  It is also possible that this will only be discovered when the thing blows up on the launch pad.

What's the best way to get my patent ducks in a row before seeking investors?  Everyone I approach will be under a strict NDA.  I have only recently started keeping verifiable paper records and having someone witness them.

As I see it, my options are:

A) Write a provisional application for each invention as thoroughly and completely as I can, based on my current conception of the invention and understanding of the factors involved.  With this approach, if I find a mistake in my assumptions/calculations/design, such that the invention described in the provisional does not work, I cannot make use of the priority date of the provisional for this feature - right?

B) Write an invention disclosure document for each invention and get them witnessed (should I paste these into my notebook?)  Hold onto these to proof conception in the event of an interference.  In this case, do I have some leeway in changing the design, as long as I am diligent in reducing it to practice (e.g. "To make component A work as previously described, it must be coated with material M")?  And as I said, without funding, I literally can't proceed further (I have exhausted the limits of my knowledge of spaceship design), so is "seeking funding" still diligence in RTP? 

C) Do both of these, using the provisional patents as the IDD documents.

Any guidance anyone can provide will be helpful.

[JimIvey]

Well, here's my dated FAQ on my dated website:  I have an idea worth millions. Now what?  Although it seems you've figured out most of that FAQ.

A provisional application doesn't do what most people think it does.  However, one thing it might do is provide an invention date as you work diligently to write an enabling specification.  If your provisional is enabling of the claims you'll eventually file, you will have accomplished that.  However, it's hard to derive much comfort without a better sense of what claims you'll eventually file. 

There is potential harm in filing an inadequate provisional application.  To the extent its priority date is needed and isn't provided due to inadequate disclosure, you can cost yourself rights -- particular outside the US in "absolute novelty" jurisdictions.

So, filing your own application (doesn't have to be a provisional) can achieve a due-diligence link back to conception for an early invention date, but you would be at greater risk of not having that achieved than if a professional helped you out with that and you would even have some risk of harming rights, particularly outside the US.  As an example of harming rights, consider that you feel more comfortable sharing information because of the "protection" afforded by your application and your sharing, directly or indirectly, amounts to a public disclosure before you get the subsequent, better flushed out, application on file.  You would have trouble getting protection in absolute novelty jurisdictions. 

For what it's worth, at this point, you probably ought to be talking more to angels than VCs and angels are much more happy to sign NDAs than are VCs.

One thing that might help is that, if you continue to work on your own application in hopes of some day handing it off to a professional once you've got some funding, I believe that will count toward your unbroken chain of due diligence.

I hope that helps.