Game Prototype Help!

[SillyPoet]

Philadelphia PA

I want to send a copy of a prototype gameboard I made to a company called PATCH Products Inc. in WI. They seem reputable, but I can't find them on the BBB. People are telling me I should patent the idea, some say copyright, some say that either would cause problems concerning submission, since game companies like to have these things under their control. Here is the form they gave me (in part):

Patch Products, Inc.’s (PATCH) policy requires that we accept outside submissions only when a copy of this Agreement is
signed. Furthermore, we accept only such matter as is reduced to writing, dated, signed by you and acknowledged by us on
our New Product Idea Submission Form. In return for our review of your submission(s), you agree to the following terms and
conditions:
1. All disclosures, written and oral, as well as materials furnished, are made voluntarily. You understand that no
confidential relationship is established by such disclosure or implied from PATCH’s consideration of the submitted
material. You understand that PATCH may disclose a submission to its employees, representatives and will treat your
submission with the same degree of care with which it treats its own new product ideas.
2. PATCH cannot, and will not, be bound in any manner by suggestions or ideas of a general nature which are not in
such form when disclosed that they can be protected under the Patent and Copyright laws of the United States of
America. PATCH assumes no liability of any sort in reviewing ideas. In return for receiving and examining your
disclosure, PATCH is hereby released from any liability in connection with the receipt and examination of your
disclosure, and you agree to rely solely upon such monopoly protection for the ideas as may be afforded under the Patent
and Copyright laws of the United States of America.
3. PATCH’s evaluation of your ideas is not an admission by PATCH of novelty, priority or originality and does not
prejudice PATCH’s right to contest any existing or future patents or copyrights on the idea.
4. You represent and warrant that you are the sole owner of all information disclosed or you have the unqualified right
to make the disclosure. You also represent that any third party with an interest in the information disclosed has been
informed of the terms of this Agreement and agrees to be bound by them.
5. This is effective beginning (insert date) and shall remain in effect for
all ideas submitted prior to Patch’s receipt of written notice from you revoking this agreement.

What should I do before sending this game idea??

[ipatty]

First, let me start this off by saying that I am an intellectual property attorney (PA, DC, and registered to practice before the United States Patent and Trademark Office). I tell you these things so that you can see where I am coming from. I am not sure if you consulted with an attorney; however, I would recommend that you do before sending your idea anywhere.

Second, a good intellectual property attorney will help you determine how you can protect your invention/creation (e.g., patent, trademark, trade secret, copyright, etc.); additionally, the attorney may be able to assist you with negotiating in the licensing and/or assignment (transfer) of your invention/creation to a third party.

If you would like any recommendations as to whom you should contact, please let me know.