Should I try to use the cash from the game I want to patent to patent the game itself

[Keysle]

Should I try to use the cash from the game I want to patent to patent the game itself?

I have a brilliant Idea. But I have nearly no money to immediately "get on with" the intellectual property protection process.
Is it safe to earn money from the idea and then use that money to protect the idea?
I spoke to Davison's patenting company before and they gave me a range of $3000 - $10,000 just for some of the initial steps. I went to them about a board game... not this new computer game idea I have. They said electronic games/toys can be even more expensive. I'm not sure if that encompassed video games though.

If I develop a game and everyone "knows" I made it first & in hand I had something that parallel's (if not greatly exceeds) a "poor man's patent" is my idea safe?

Here's a video of me stressing out about it and asking the same thing. I feel as though sometimes I convey myself more clearly (in some ways) when I speak (and use gestures)
http://youtu.be/O5jeqzmwnvc

[dan9933]

Here's the problem I see, until you actually have a patent (or at least a patent pending) it will be hard to defend your idea.

If they were to patent it, you could sue to stop them patenting the product. The really important thing is how would you prove that not only did you come up with the idea first but that you also had the idea taken from you.

Because simply coming up with the idea after you is not infringement, however if you were to share the idea with them and then they turn around and patent it themselves then you could sue. The problem with the letter is it does not actually prove that they got the idea in any unfair way, it simply proves that you came up with the idea first, which is only half the battle.

My best advice is to file for a provisional patent. A provisional application is not so much an actual patent application, but it establishes a date when you will file the actual patent. A provisional patent is not reviewed by a judge which makes it a simpler process. provisional patents are much less expensive than normal patents, you can think of it as buying a period of time until you have the resources to file a full patent. I think the maximum length of a provisional patent is one year, which would mean you have a year to gather up the finances to pay for the patent. I think they might vary by state but those are generally the terms.

Also after filing a provisional patent, you are then able to put the patent pending label on your product. That will make it easier to defend your idea if someone else makes it after you file the provisional patent application.