Expert: George H. Morgan, P.E., Patent Agent - 7/1/2011

Question
Dear Sir
i have questions regarding provisional patents?

1)Is it protected internationally?
2)Does it have to be in details?For example i have an idea of blackberry application and i know how the process works but the problem i don't know how the technical part work.Is the cycle enough or no?
3)Should it include claims or no
4)Assuming an idea was a new way of blackberry chat -Although the chat is not a new idea ,can for example i patent the way the program look
5)I want to apply for provisional patent but i am afraid of disclosing the idea to the second party patent attorney ,specially if the idea is very profitable.
6)I have done alot of search the idea is not in the market.but what is the use of provisional patent ,if the US dont ever both to look at it?
7)SOme told me legalzoom and thoughtstopaper.com do offer online patenting?but is there confidential agreement binded or just a normal paper.

Answer
1) A U.S. provisional application for patent is accepted as a priority document around the world. It is a very serious, but informal document. You have no protection on either a provisional or a formal patent application. You only have protection on allowed claims.
2) Enablement, i.e., "How to do it" is one of the requirements for a patent application. You must have sufficient information that anyone skilled in the art can duplicate your invention.
3) I don't.
4) Maybe. However, copyright protection may be the way to go. It is much less expensive and easier to enforce than patents.
5) Patent practitioners have sworn an oath to the USPTO to keep client's affairs confidential. Violating this oath incurs disbarment.
6) The USPTO files your application. When you follow up with a formal application, and reference the provisional to claim the priority date of the provisional, Uncle Sam digs it out, and what you have disclosed in the provisional is given that priority date. Any new material in your formal application, if not disclosed in the provisional, does not enjoy that priority date. Aft er twenty years, if not referenced in a subsequent application, the provisional is discarded.
7) Sounds like an urban myth to me.

Best wishes on your project. I have a good friend who is a patent attorney, as well as an excellent corporation law attorney, strong in computer science (software and hardware), and also strong in licensing and litigation that I can recommend to you, if you email me off line at patagent@evansville.net

Stay away from the invention marketing outfits that like to advertise their services. Some even tout their wares on my profile page. They are doubtful organizations. I have complained to allexperts about this, but they blame it on Google, which I consider an evasion of responsibility.