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[johnnyjohn]

I have formulated a diet plan... I wanted to know if i could patent this idea or sell it to companies?

[Ruben Alcoba, Esq.]

If your diet plan is new and you have not sold or disclosed it to someone in the United states prior to one year of filing for your invention, or published it anywhere in the world prior to one year of filing for your invention, your diet plan can be pantented.
Sincerely,
Ruben Alcoba, Esq.

[johnnyjohn]

Thanks for the reply... Yes my diet plan is new and one of the best in my opinion... Who should i talk to about this since i dont have the money to get a patent on my own?  I hear you could get a provisional patent for $80 dollars and be somewhat protected.. is this correct?  Maybe i should talk to a nutritionist about writing a book which is based on my diet plan... or maybe sell the plan to a fitness company? let me know what you think thanks

[CriterionD]

I hear you could get a provisional patent for $80 dollars and be somewhat protected.. is this correct?  

Filing a provisional patent application would now run you about $100 in USPTO fees.  In itself, it would not give you any protection.  What it would do, is give you a year to file for an actual patent - and if you were to do so within one year, you would be able to cite the filing date of the provisional application as your filing date.

Also, and there are one or two attorneys on this board that will probably elaborate further here, but if not written up to specification, a provisional patent can eventually prove to be worthless.

Additionally, before investing in patent protection, it is worth determining exactly what kind of protection a patent would give you here.  If you were to obtain a patent, your dietary idea would become public knowledge.  And while technically, no one could practice it without infringing on your patent, people don't sue themselves - that would be up to you.   A perfect example of a hard to enforce patent can be found here - http://www.patentlyo.com/patent/2004/10/the_combover.html

Of course, being able to call your diet a "patented diet" has advantages in itself.  And, if your diet plan utilizes a patentable product and/or composition, perhaps then it becomes a bit easier to enforce if patented.

[johnnyjohn]

Thanks for your help... What would you guys do if you had a great idea or in my case a great diet plan without the money for a patent?  How can i protect my diet plan when i speak to companies or people about it?

[Ruben Alcoba, Esq.]

The easy answer is having them sign a non-disclosure agreement. Make sure that the non-disclosure agreement has some bite in it or it maybe worthless.

If you can afford a provisional, then file the provisional prior to disclosing your idea to any thrd party.

Becareful though, for if your provisional application does not properly enable your idea, then your provisional application will be worthless. Also, you cannot ad new matter to the non-provisional application that is based on your provisional and claim the filing date of the provisional as to the new matter (the matter not initially disclosed in the provisional application).

Good luck with your invention.

[johnnyjohn]

hi, thanks again...

So basically if i get a provisional patent I can talk about this diet plan to anyone without fear for up to a year?  

If i finally get a patent within the year does that mean everyone that talks about my diet plan on tv or internet sites have to pay me for it?  

Also if you could give me more info on how to file a correct provisional patent so its not worthless it would be much appreciated thanks!

[Bill Richards]

So basically if i get a provisional patent I can talk about this diet plan to anyone without fear for up to a year?

No.  Your provisional application is just that, an application.  All it does is put a stake in the ground that gives you a filing date.  If you do nothing more, after one year your stake in the ground goes away and, if you want protection, you must re-file.  (Assuming, of course, you haven't engaged in offering to sell it, etc. in the intervening year.)  Basically, you have one year from the filing date of your provisional application to file a full-blown non-provisional application complete with claims and pay the filing fee.  ($500 for a "small entity" like, with some exceptions probably not here, an individual inventor.)

If I finally get a patent within the year does that mean everyone that talks about my diet plan on tv or internet sites have to pay me for it?

Nope.  See above.  You will not have a patent after one year.  But, to answer your question directly.  A patent does not stop people from talking about it.

Also if you could give me more info on how to file a correct provisional patent so its not worthless it would be much appreciated thanks!

You might try "Patent It Yourself" by Pressman, published by Nolo Press.  Unfortunately, what you're asking is not possible.  It's like asking an MD to teach you how to do a correct appendectomy in a few short paragraphs.

[johnnyjohn]

So bill.. your saying that if i get a provisional patent I am still at risk of getting my diet plan stolen by somebody i tell my diet plan about?

Anyways thanks for all your input... i think i need to do some studying on the subject before i get my provisional patent.  After I get my provisional patent should i still make companies sign a non-disclosure agreement?  

[johnnyjohn]

Also... Could i get this diet plan copyrighted instead? Then turn it into a book? without getting a patent?

[JimIvey]

So bill.. your saying that if i get a provisional patent I am still at risk of getting my diet plan stolen by somebody i tell my diet plan about?

There's no such thing as a provisional patent.  There is a provisional patent application (PPA).  A PPA is not a patent application and does not lead to protectable patent rights.  A PPA is merely a dummy priority document.  So, by filing a PPA, you have no protection whatsoever -- except in very obtuse ways such as being able to market your idea without an NDA without jeopardizing your rights outside the US.

Anyways thanks for all your input... i think i need to do some studying on the subject before i get my provisional patent.  After I get my provisional patent should i still make companies sign a non-disclosure agreement?  

Well, that's up to you.  Since a PPA doesn't provide any enforceable rights, you might consider maintaining your trade secret with NDA protection.

Regards.

[JimIvey]

Also... Could i get this diet plan copyrighted instead? Then turn it into a book? without getting a patent?

Yes, you can do that, but only the book, not the diet, would be protected by copyright.  People would be free to use your diet -- they just couldn't make unauthorized copies of your book.

Whether that is sufficient protection is up to you.

Regards.

[johnnyjohn24]

Yes people could still use the diet if i copyright it... but companies can't use my diet to promote a product or gain financially without my permission. Isnt that correct?

[johnnyjohn]

Yes people could still use the diet if i copyright it... but companies can't use my diet to promote a product or gain financially without my permission. Isnt that correct?

[JimIvey]

Yes people could still use the diet if i copyright it... but companies can't use my diet to promote a product or gain financially without my permission. Isnt that correct?

Nope.  You'd need a trademark for that.

Regards.