[EGreg]

Very simple regarding what to do.

A provisional patent application costs you $120 to file. No one even looks at it, until you file the real one. However, "patent pending" sends the message that ripping your idea off could cause legal repercussions and might not be worth it. If the person you're talking to thinks it's obvious, then both the patent application and NDA would have been ineffective. If it's something not obvious, then the "patent pending" is a great way to show you think the idea is soooo special, without requiring the other person to sign anything.

But of course, the best thing to have is execution and traction :)

[kevinpet]

That's an excellent idea, since:

1) the other party doesn't need to sign anything. 2) it's only binding if it's actually a patentable idea.