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How do I protect my product idea before I talk to a mould maker?
Most inventors use a mix of three things: a non-disclosure agreement before sharing drawings, keeping key details confidential, and, if the idea may be patentable, filing a patent application before any public disclosure. The USPTO describes the provisional application as a lower-cost first filing that sets an early filing date, allows "Patent Pending" to be used, and lasts 12 months. This page summarises official sources for education only. It is not legal advice, and the USPTO itself recommends consulting a registered patent attorney or agent.
The three tools, side by side
| Tool | What the official source says | What it does not do |
|---|---|---|
| Provisional patent application | USPTO: no formal claims, oath or declaration needed; not examined; pendency of 12 months; must be followed by a nonprovisional application in that window to keep the benefit | Cannot become a patent by itself; cannot be used for design inventions |
| Trade secret | USPTO: information with economic value because it is not generally known, kept secret by reasonable efforts; no time limit while those conditions last | WIPO notes it cannot stop someone who develops the same thing independently or by reverse engineering |
| Non-disclosure agreement (NDA) | WIPO lists NDAs with employees and business partners among the main preventive measures for protecting confidential information | An agreement between parties; it is not a registered right |
Timing points from the USPTO
- 12 months. A nonprovisional application must be filed within 12 months of the provisional to claim its benefit. The USPTO describes a narrow route to restore benefit up to 14 months, by petition, if the delay was unintentional.
- Grace period. The USPTO says a provisional can be filed up to 12 months after the inventor's own public disclosure, but such a disclosure may block patenting in other countries. Public disclosure, use or an offer for sale more than a year before filing prevents a US patent.
- Be complete. The filing date covers only what is described. Drawings needed to understand the invention cannot be added later, so the USPTO recommends making the disclosure as complete as possible.
- Patent term. Utility patents run up to 20 years from the first nonprovisional filing date; the USPTO notes that filing a provisional first can push the term endpoint out by as much as 12 months.
Official fee, for scale
On the USPTO fee schedule we checked in November 2026, the provisional application filing fee was listed at $325, $130 for small entities and $65 for micro entities. Fees change, so check the current schedule; attorney fees are separate.
A sequence for quoting a mould
- Decide, with professional advice if needed, whether to file before sharing anything outside your company.
- Ask suppliers to sign an NDA before you send full drawings.
- For a first rough quote, share only what is needed: size, material, quantity and basic geometry.
- Mark drawings confidential and keep a record of who received what and when.
- Keep process know-how, such as special formulations, to people who need it.
Educational summary of public USPTO and WIPO pages only. It is not legal advice; for decisions about your invention, consult a registered patent attorney or agent.
Questions inventors ask
Does showing my design to a mould maker count as public disclosure?
That depends on the facts, including whether it was shared in confidence. This is a question for a patent practitioner, which is one reason inventors use NDAs and often file first.
Can I write "Patent Pending" after filing a provisional?
Yes. The USPTO says a provisional application allows the term to be used for the invention described in it.
Is a provisional enough to protect a product's appearance?
No. The USPTO states that provisional applications cannot be filed for design inventions.
Can a trade secret cover a moulded part?
Once a part is on sale, anyone can examine it, and WIPO notes trade secrets do not stop reverse engineering. Hidden process details are better candidates.
Sources
- USPTO, Provisional application for patent
- USPTO, Patent essentials
- USPTO, Trade secret policy
- USPTO, Fee schedule
- WIPO, Trade secrets