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[Off-Grid Inventor]

Before I get professional help I need to ask some general questions.
I have a new design. It is a wood fired, off-grid, emergency stove, a 34- gallon cooker. It is very efficient and functional. It only takes 18 pounds of wood/rubble to cook 100 liters/meals of soup, or 100 kilograms of pintos, or 500 servings of rice.
A non profit org ask me to design this stove, and soon I want to let them field test a prototype it in Haiti.
I want to manufacture the stove myself and sell the stove in the US as well as outside the US.
I need to get the legal issues settled soon so we can move forward. Rainy season is upon us and it is an all weather cooker.
I need to claim the burner, and the air flow control mechanism, and maybe the vat as well as the overall function if possible.
1-How long after disclosure do I have to make a claim and file for a patent?
2-Would a provisional patent be helpful to delay the expenses of a full patent?
3- Can only the original inventor own/win back, a claim or is it the first to patent that owns the rights? I have documented the earlier prototypes with video and photos.
4- Is there any problem with using a long distance patent attorney?
5- If a cause is worthy, how does one ask/beg for pro bono work from a patent attorney?

Off-Grid Inventor

[blakesq]

ANSWERS BELOW, AND i AM ASSUMING THIS IS FOR A US PATENT APPLICATION:

Before I get professional help I need to ask some general questions.
I have a new design. It is a wood fired, off-grid, emergency stove, a 34- gallon cooker. It is very efficient and functional. It only takes 18 pounds of wood/rubble to cook 100 liters/meals of soup, or 100 kilograms of pintos, or 500 servings of rice.
A non profit org ask me to design this stove, and soon I want to let them field test a prototype it in Haiti.
I want to manufacture the stove myself and sell the stove in the US as well as outside the US.
I need to get the legal issues settled soon so we can move forward. Rainy season is upon us and it is an all weather cooker.
I need to claim the burner, and the air flow control mechanism, and maybe the vat as well as the overall function if possible.
1-How long after disclosure do I have to make a claim and file for a patent? 1 YEAR, INTERNATIONAL RIGHTS HOWEVER ARE LOST IF YOU DISCLOSE PRIOR TO FILING A PATENT
2-Would a provisional patent be helpful to delay the expenses of a full patent?YES
3- Can only the original inventor own/win back, a claim or is it the first to patent that owns the rights? I have documented the earlier prototypes with video and photos.IN THE US, THE FIRST TO INVENT OWNS THE RIGHTS, NOT THE FIRST TO FILE
4- Is there any problem with using a long distance patent attorney?NO
5- If a cause is worthy, how does one ask/beg for pro bono work from a patent attorney?I DON'T KNOW, IF THE CAUSE IS WORTHY, WHY NOT PUT UP YOUR OWN MONEY?

Off-Grid Inventor

[JimIvey]

Unless otherwise noted below, I agree with blakesq without qualification.

2-Would a provisional patent be helpful to delay the expenses of a full patent?YES

No.  Not significantly, anyway.

3- Can only the original inventor own/win back, a claim or is it the first to patent that owns the rights? I have documented the earlier prototypes with video and photos.IN THE US, THE FIRST TO INVENT OWNS THE RIGHTS, NOT THE FIRST TO FILE

Only in rather limited circumstances.  Otherwise, it's best to file early.  Still, keep proof of invention efforts and dates, just in case.

5- If a cause is worthy, how does one ask/beg for pro bono work from a patent attorney?I DON'T KNOW, IF THE CAUSE IS WORTHY, WHY NOT PUT UP YOUR OWN MONEY?

Investing in a business venture and writing/prosecuting patents are two entirely different skill sets.  While many independent inventors want to combine them, it's unwise for patent professionals to do so -- just as it's not wise for an investor to write your patent application.  I have fairly good faith in my ability to get a patent for someone.  I have nearly no faith in my ability to evaluate a business plan.

Regards.

[Wiscagent]

I want to manufacture the stove myself and sell the stove in the US as well as outside the US.

You don't need a patent to make and sell the stove.  The purpose of a patent is to make it more difficult for someone else to copy your invention.

You may have an improved stove with valuable characteristics, and your invention may be patentable, it might even make good business sense to patent your invention.  But keep in mind that wood burning stoves have been around for millenia, and any patent protection you obtain is likely to be very narrow.  I suggest that you develop a business plan and estimate if your time and money are best spent getting a patent, or if your resources should be invested elsewhere.

[Off-Grid Inventor]

Thanks for the wise responses.
When I get to the point of hiring someone, I will start here.
Since I have a year to file, I may document my work, and just start executing my business plan.
With one year of time to file, a provisional patent would not be necessary.

My plan will be, to be first to market. Start with my own resources. Start small, and be prepared to scale up quickly.

Is there a problem with simply lying and saying that a patent is pending? And maybe putting that on a label.

Thanks again for the wise answers to my questions, and the honest advice about the separate rolls of patent attorneys and business planners.
Off-Grid Inventor

[MYK]

Since I have a year to file, I may document my work, and just start executing my business plan.
With one year of time to file, a provisional patent would not be necessary.

I think you may have missed the bit about losing nearly all foreign patent rights if you fail to file an application before you publicly reveal your invention in any way, shape, or form.  However, if you don't care about patent rights outside the U.S., then it's not as much of an issue.

Is there a problem with simply lying and saying that a patent is pending? And maybe putting that on a label.

Other than it being illegal and opening you up to serious fines, you mean?  Elsewhere on the forum, the current spate of "false marking" lawsuits is being discussed.

[Off-Grid Inventor]

When to disclose?
A big factor in my decision, about when to disclose and when to file is, at what stage in the patent process is needed, to preserve the right, to obtain foreign patents? Applied for or received patent?  If it is a year or two wait, I will have new designs by then anyway.
I need to get a cooker out for field testing in Haiti.
What constitutes disclosure? 
What steps do I need to take, to not disclose?
Can I show the cooker cooking, but not show or describe the internal parts of cooker, to be claimed?
Get non disclosures from all involved?
Get a signed letter from the field testers, stating that it is an evaluation?

[JimIvey]

Well, when it comes to foreign patents, you have to understand that every jurisdiction (country) has its own patent laws.  They vary, but have general trends.  So, your answers may vary from country to country.

The other thing you have to understand is that the penalty for getting it wrong is severe and complete -- no patent.  So, if you're going to show your invention at a small gathering of locals and think that's too small to be "public use", being wrong means no patent.  On the other hand, if you think that it would be a public use and file early, being wrong (meaning that the law in all countries would say that's fine) means ... nothing.  No harm.

The thing you need for preventing public uses/disclosures from harming your patent rights is to have a full, complete application on file in at least one jurisdiction that adheres to the Paris Convention (the US counts, as does much of the industrialized world). 

The full, complete application can be designated "provisional", but legal standard by which sufficiency of a provisional application is determined is exactly the same legal standard that applies to real, non-provisional applications.  Oh, and "full" means the disclosure portion of the application.  A provisional application in the US does not require claims.  However, the disclosure portion of the provisional application must be legally sufficient to support claims you'll eventually add.

Regards.

[Wiscagent]

A non-disclosure agreement from the testers is helpful, but it is not a cure all.

... Let me tell you a story ...
 I was working for a Fortune 100 corporation (company A), and we were testing our product with potential consumers, each of whom had signed the appropriate confidentiality agreements.  When we brought the testers in to get their opinions on our product, one of the testers showed us the product she was currently using.  The product was an experimental product from our competition, company B, also a Fortune 100 company.  She told us that she got the product from her sister, who was also doing some product testing.

As far as I know, B's experimental product never became part of any patent litigation between A and B.  But an issue that might have been brought up in court was whether or not B's invention been publicly disclosed.  And it doesn't really matter whether or not the woman who was testing for B, or her sister, violated the confidentiality agreement; it would not have helped B to sue either of them.

[MYK]

Jim and Richard have covered what I've been trying to write for the last half hour a lot better than I could have.  Two other things, though:

A big factor in my decision, about when to disclose and when to file is, at what stage in the patent process is needed, to preserve the right, to obtain foreign patents? Applied for or received patent?  If it is a year or two wait, I will have new designs by then anyway.

It will take typically 2-3 years before a patent issues, assuming you even get one.  If you expect your current design to be obsolete within a year or two, going through the trouble of getting a patent may be of little value.  An exception would be if you expect your later designs to be based on the current design.

Get a signed letter from the field testers, stating that it is an evaluation?

I don't believe that most countries distinguish between a public use and an evaluation.  They're the same thing from a public disclosure perspective, unless of course the evaluation is being done in a non-public setting (for example, in a non-public location, by you and your employees, all of whom have signed NDAs).

[JimIvey]

Just to add weight to Richard's comment:  if someone violates a non-disclosure agreement (NDA) and someone else publicly discloses your invention, you still don't get a patent.  Your legal remedy is in breach of contract, not in patents.  So, reliance on NDAs is a bit dicey.

And, to add somewhat to MYK's note:  sometimes your early prototype is completely discarded for later models.  Other times, your early prototype embodies a core idea that will persist in later refinements.

In the latter case, filing for patent protection of your core idea will continue to have value throughout many generations of your prototypes/designs.  It's important to know that what a patent describes is not necessarily what it protects.  What a patent covers is defined by its claims and those can be carefully controlled to cover varying degrees of specificity of the innovation(s).

Along those lines, the US requires that you describe the "best mode" contemplated by the inventors for practicing the invention.  If your prototype is early and much of it is not yet known to work particularly well, you don't have to describe those features.  On the other hand, if your prototype is a third generation and is refined such that numerous preferred details have been worked out, you have to describe those details.  It's easier (and cheaper) to prepare/file the application early, before so many details are known to be preferred.

Regards.

[Off-Grid Inventor]

I am lucky to have the ear of such wise people!
Most of my customers will be nonprofits so I need to keep my international options open.
So if I have a full and complete application on file in at least one jurisdiction that adheres to the Paris Convention (the US) then I would be OK to peruse protection in all countries that play by those rules? And I do not have to wait until a patent is awarded, which could take too long.
I am a little confused about the “best mode” and I think I understand about preferred details.
The cooker has two or 3 innovations that I will need to claim and use in other stoves.
I will need to claim the burner, it work in a very specific way and it is very efficient, in this stove, it cooks 12 grams of pintos with only 1 gram of wood, that is on a larger scale.
The air flow control systems has no dampers or control rods. I will claim that if I can.
I want to do this right and not skimp, but I only want do what is necessary to be protected now, and maybe I could add revisions later.
What should I expect to pay for those two items?
 An estimate for the total, and what percentages are paid as the process plays out.
I would like to add my charcoal burner design, to the cooker, later as a revision if possible. The charcoal burner is unique and most efficient. I do not need protection for it now so I could delay that expense until I get funded.
I have a little funding problem at this time,  I need to show a video of me using the stove so I can ask for donations? The features to be claimed are hidden, and I would not describe the features to be claimed.
Is there a way to do this without disclosing?

Off-Grid Inventor