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[maxcat]

i have an idea (go figure!)

i have no idea if it is patentable, but i would like to discuss that with others with more knowledge and experience (and can not afford a lawyer)

once i have filed a provisional patent can i freely discuss my idea here (or with an invention help firm etc) and be protected?

i know lawyers will sign an NDA but i dont have the pockets for full searches etc and i was thinking it was cheaper to file the provisional than hiring a lawyer. after the provisional was filed i was hoping to kick the idea around the community and try to gain insight as to whether a full non-provisional application was worth the investment.

thanks
max

[doug vagedes]

Lawyers are the last ones to worry about having sign an NDA.  They have a fiduciary duty and most would not want to jeopardize their career anyhow.  Everyone else, Yes.  Some lawyers will meet with you for the first time at no charge to give you their "gut feel".  And I'm not a big fan of provisional applications.

[MLM]

A provisional application may help, but only to the extent that your invention is adequately described so as to "enable one of skill in the art" to make or use it. In other words, if you don't describe it fully enough in the provisional application, it won't be of much help to you later. Note that a provisional application never becomes an actual patent, and expires in 12 months, meaning that you need to get a non-provisional application filed within 12 months of the provisional application to benefit from it. There are other pitfalls to be wary of as well. Provisional applications are not a perfect solution.

[JimIvey]

A provisional application done properly is not significantly cheaper than a real application.

A provisional application not done properly is an entire waste of time and money.

Regards.

[heyitsjohn2002]

Good god, please do not use an "invention help" company.

With respect to your general OP, I always tell clients that even with a filed patent application, it is best practice to sign a non-disclosure agreement/confidentaility agreement/no-compete agreement.

That being said, sometimes you just don't have the luxury of getting someone to sign documents like that.. when that is the case, the general answer is that your invention, as disclosed in the patent application, has a layer of pseudo-protection.  However, in the end, the legal scope of protection will be defined by the claims, and you wouldn't know what that was until you get examination/allowance, which requires a non-provisional.

[doug vagedes]

Max, I know it may sound discouraging and you wonder how a person with no money can even get started with an idea.  As I said, I would find an attorney that will meet for a free consultation and provide their gut feel, a go or no-go choice.

Then you need to stand back and take a really good look at your idea.  Is it really as good as you think?  Many people think their baby is the most beautiful baby ever, while many, many others may not. 

Is it in a large industry or in a very niche market?

If a large industry and therefore a lot of potential, maybe you can ask family members or close friends to invest enough to get it started.  Do a patent search and then a patent application with your attoney and some funds for building a prototype.  After you get a good working prototype and develop a solid marketing plan, you can find another round of funds, possibly from angel investors.  Get your marketing plan right! 

Best of success

Doug