Quirky accepts all ideas, patented or not. But if you do decide to submit and your idea gets selected by Quirky you should expect that they will make changes to your idea and it most likely won't be produced exactly as you submitted it. Very few winners stayed close to the same as they were when submitted. Part of this is because a lot of ideas submitted are kind of vague and not completely thought out, but sometimes its because Quirky thinks they'll be able to reach a larger market with the changes. If you're OK with Quirky making changes to your idea, go for it. If you wouldn't be OK with them making some redesigns you may want to hold off from submitting to Quirky and taking it elsewhere.

Whatever you decide, I recommend you spend some time on Quirky before making a submission to see how products that get selected evolve from their initial submission to the final product and to understand how the Quirky system really works.

Quirky does take ideas that are patented, if your idea is chosen you would give Quirky the patent.

I am not a lawyer but consider that even with a provisional app in place, posting here may count as "public disclosure" against any foreign applications, or domestic ones if you let the present app expire and reapply a new application.

You're right Bob any public disclosure destroys the 'absolute novelty' of an idea which is a basic requirement for patentability in almost every country outside the US.

I would have to disagree with the first poster, when something gets patented nothing can be vague. It takes about 2 years for a patent to come through, every claim must be there, every nuance of your invention must be drawn, articulated and what part does what. I know, I have 3 patents- had to even patent the change we did and each claim had to be substantiated but I do agree that some of the patents/products will be altered

Judging from what I have learned since I first posted this, I guess I won't be submitting this one to Quirky. It seems like changes could be imposed just so people can get paid and that is if the thing gets chosen. If my idea is not chosen then it would have been disclosed publicly, voiding the patent. Not a good idea.

Stephan if you have been looking at my thread First to file patent system (non US perspective) then that is purely non-US. If your market is in the US then you might actually end up with a product that has been well designed and actually brought to market with little extra effort on your behalf. If you have a patent the exposure might actually help you find a potential licensee within your deadline. Check if your submission to the patent office has already given you a priority date for PCT in case you want to go world-wide. If your patent is already in good shape and you don't get selected then you can walk away ignoring everybody's input. What have you actually lost? (or do you worry that maybe some of the ideas are good and you won't be able to include them into your patent)
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Any way, it's your call and I am not so experienced with US patents going out to world-wide PCT - I am on the other side of the glass.

From my own point of view, I agonised about submitting but did so in the end. The product doesn't exist but it probably isn't patentable. I still think Quirky might be a good route for it but ask me again in 25 days.

Hello Quirky Community!

Help is much needed.

Ok...I NEED help from HONEST QUIRKY FOLKS! If in fact in this business I hope they truly exist...I don't know. No offense, but according to the posts I am gathering...with inventions, patents, non-patents, it's a risky game...I understand. But I am still praying I will be blessed with some advice that can save my idea, fulfill my goals, and build a TEAM effort in the Quirky Community.

I have an invention that I have been working on since 2008. It really was just an idea I bragged to family about, not thinking I would take it anywhere, but when my mother, my best friend, was diagnosed with cancer in 2009,,,her dying wish was NOT to drop the ball on this. So I perused it. Without a dime in my pocket...I was able to present to friends that believed in me and "the idea" to invest with no strings attached. I truly have been blessed up to this point...but feel I have let many down, for I am unemployed, exhausted all my unemployment benefits, and am now struggling to save my home....I had put all my eggs in one basket in hopes for a better life for my family, to build a non-profit assistance organization for sick, disabled, and families in need, and most importantly...to honor my mothers wish...by NOT dropping the b all on MY INVENTION.

The company I invested in to handle it, has done a fair job for a VERY fair price...and a few corporations have been quite interested up to this point...but I fear they know my provisional patent is about to expire and all of a sudden they do not answer the phone, return calls, etc. This idea is live on a website and the Provisional patent expires on the 16th.

So my theory is:
Maybe QUIRKY would be the place to save it. I would rather offer my education, investment, and idea to many and still be a part, than to not have a part at all.

My Question:
Do any fellow Quirkys have any suggestions that can help lead me into a better place in short time? And...do you think this will be a good attempt at a save? I would love to hear back from all of you.

Thank you in Advance for all your time, consideration, and help in this matter.

I will be making a decision to post no later than tomorrow Jan. 15th.

@Gogetter18, If it makes you feel better , most of us inventors are faced with the expirering provisional application at one time or another. That clock starts ticking and at first it would seems like there is plenty of time. Can you contact those companies and ask them if they are ready to license it from you?

You should document your idea so you have a record of the evaluation of your idea. A diary for that invention. You need to buy at Walmart a Composition wide ruled note book 9 x7 for under $2. It's the kind of book where the pages don't come out unless you tear them.

Start out writing that the purpose is to document the conception of your idea and reduction to practice. Tell your story of how your idea came about and add hand drawings on the pages. Include the dates and tell the story of how your idea was shown to company x & y.

Also write how you showed your idea to your friends, and list their names and dates and ask them to sigh and date your invention book.. You are building a story as if you may one day have to go to court and show a Judge.

Sometimes when I am working on an idea that I already filed a provisional application on, I have found a better way of making it work and it requires a new provisional application.Can you do that? The Provisional form is only two pages and the filing cost is about $125 now? You can be "patent pending" as soon as the form hits the Commissioners desk. Here is the form. http://www.uspto.gov/forms/sb0016.pdf One thing I learned is that 12 months comes fast. Depending on a third party to put a deal together when their clock isn't ticking away, can drive you nuts. It's far better to seek out the companies on your own. You have the Internet to search and a telephone. Find companies who sell similar products. When you find a company who is ready to license it, you can simply hire an attorney to look over the deal for you before you sign. 2% of something is far better then 100% of nothing.

ohhh my goodness Jim...this is such great information! I wish I knew this before...and had more time...I will take all this advice and put into action tomarrow. How long will it take to hit the commissioners desk usuall?

ohh one more thing...The company (Invention Home)and there legal staff have said, once a invention has went through a Provisional patent process and it expires there is NO re-do or extention. I must go to a US patent? Why do they say this I wonder?

First of all , all those invention companies are a scam.Most of them like Davidson have horrible track records of helping inventors. When I dealt with them their forced disclosure told me that out of 538,000 inventors that paid in,only 14 have made money.They are in the business of selling over priced legal stuff and making colorful packaging.

Your only interest should be getting a signed license deal. You can do this all on your own.

The cost to file a provisional patent application in just over $100. The provisional is only the beginning of the patent process that lets you document the date of conception and the date of reduction to practice. When you invented it and when you made one. You have 12 months to shop your idea around and by then you have to come up with the big bucks to file the actual patent application , Non provisional patent application.

The hope is you might land deal to fund the non-provisional. The truth is no one will look at your provisional application and tell you you can not file it again. If you simply re- file today, then this is the new date you are claiming you invented your gizmo. You lost time and are betting no one you have showed it to will take it.

When you do contact a company about licensing, you tell them it's "patent pending". That signals them you are most likely going to go all they way until you have a granted patent.

Make copies of everything.Send your new provisional USPO RETURN RECIEPT. As soon as you get the card back in a week or so, you are "patent pending" with in three weeks you will get a reciept from the Commissioner to conferm your filing.

I am so sorry that you went to a patent company, I don't know if a composition tablet now will help but you would have papers from giving them to the invention company and yes, I agree that all of the invention companies are scams- you have resources where you live, inventors groups are everywhere and usually willing to help advise, give references etc. Have you seen some of the information on uspto.gov and learn what you can, I will tell you from personal experience -patenting can be a frustrating and expensive proposition and there are more inventors with patents and empty pockets than those who have made a fortune on their products. You will find a way, I saw your page and you seem resourceful and resilient.

@Bob, @Stephan, (IANAL but) a provisional patent is a public disclosure. If it is at that stage it is already disclosed and the clock is already ticking. Posting at Quirky does not change that. 
 
Posting at Quirky _before_ an invention disclosure or provisional patent are filed, is another matter altogether.

The provisional patent application is only to document the conception date of an invention and the reduction to practice.
The contents of a provisional patent application are not viewable or searchable to the public. Even a non provisional may not be viewable until it is published.
Not only is it disclosure to post on Q, but if the community re- does the original invention, then the inventors application might be invalid because of the inventorship issue. A patent application is a legal oath correctly naming all the inventors and co inventors. By law no one can be excluded.

"When the invention was not publicly disclosed after filing the provisional, then it is possible to file a PCT application within one year after filing the non-provisional application."

"If you publicly disclosed the invention after filing the provisional, then a PCT application would have to be filed before the provisional application expires."
http://www.lventre.com/provisional.html