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[126Orchard]

Hi,

I have an idea (with blue prints) that I believe would make a lot of money but do not have the resources to go through the patenting process.  Is there any way to pitch the idea to companies without getting a patent.  Perhaps publishing the information prior to submitting the idea to prove I originated it (I know this starts the clock, I’m fine with that)?  The invention submission forms I have received thus far contain a statement along the lines of:

“You agree (company) has the right to freely use the information provided to us and (company) will not owe any compensation to you.”

Can they patent the product without me signing a patent application (as I understand it, only the true inventor can file the patent application)?  Based on the above statement would they be able to use the idea but be unable to patent it, and thus unable to prevent competitors from using the idea as well?

[CriterionD]

Can they patent the product without me signing a patent application (as I understand it, only the true inventor can file the patent application)?  Based on the above statement would they be able to use the idea but be unable to patent it, and thus unable to prevent competitors from using the idea as well?

If you're disclosure was documented properly, it would prevent them from "stealing" your idea and patenting it.  It doesn't necessarily prevent them from using your input to think of a similar product and patent that product.  

If I were you I would at the very least file for a provisional patent before even considering the disclosure of the idea to anyone unwilling to sign an nda.

[JSonnabend]

If you're disclosure was documented properly, it would prevent them from "stealing" your idea and patenting it.  It doesn't necessarily prevent them from using your input to think of a similar product and patent that product.  

Strictly speaking, it doesn't matter whether your disclosure was "documented properly", only that you disclosed it to them.  On the second point, the "similar product" would have to meet the requirements of section 103 in view of your disclosure to be patentable, something that may be difficult for something "similar" to your idea.

If I were you I would at the very least file for a provisional patent before even considering the disclosure of the idea to anyone unwilling to sign an nda.

A provisional may be a good idea, but a properly drafted provisional isn't necessarily all that cheap.  If done properly, IMO, it should cost the same as a formal application minus claim drafting time.  Market place realities are such that big companies often won't sign anything.

- Jeff

[126Orchard]

thanks!!!