i have an idea for a product but not the actual product how do i obtain a patent on just an idea

Technically, you can't get a patent on an "idea" - the patent law explains that a patent may be obtained by "whoever invents or discovers any new and useful PROCESS, MACHINE, MANUFACTURE, or COMPOSITION OF MATTER, or any new and useful IMPROVEMENT thereof...." 35 U.S.C. 101.

Although you do NOT have to have a working prototype ("actual product") to file a patent application, you MUST have complete grasp of the invention in such a way that it can be described in the patent application "in such full, clear, concise, and exact terms as to enable any person skilled in the art [of your product]...to make and use [your product]" without undue experimentation. 35 U.S.C. 112, paragraph 1.

Further, only a patent attorney, after considering your specific idea in view of what's already "out there," can advise you what your chances are of obtaining a patent.

For basic information about patents and the process of obtaining one, see FAQ under www.uspto.gov.

Regarding a verbal agreement, it's as strong as the paper on which it's written. For many important reasons that a patent attorney can explain to you, it would be advisable to file a patent application before talking to anyone about your invention, especially if you are making an offer "for selling an idea," as that action might trigger a deadline by which you have to file a patent application. After that deadline, your invention is "dedicated to the public."

Good luck.

Per the AVVO terms of use, this does not constitute legal advice, nor establish an attorney-client relationship. Consult an attorney for legal advice.