Expert: George H. Morgan, P.E., Patent Agent - 9/23/2011

Question
Under the new law, is there anything that i can do (such as notary, publishing), short of actually filing for a patent, that will protect my idea, and block other people from blocking me? (in other words, they won't be able to block me, or file for the patent themselves, and i will be the only one who will be able to file, since i thought of the idea first)

Also, after i file, can anyone use my idea, from the time that i file, until the time that i get the patent?

Answer
In approx. 18 months, first to file will be implemented and so only filing, at least a provisional, will work.  This is one more reason inventors rights activists bitterly opposed the Patent "Deform" act, which corrupted our inventor friendly patent office. We, including life long Democrats and Republicans are resolved to try to vote out and defeat all who supported this legislation. We tried to work with our elected officials, but were totally ignored and dismissed. We were very disappointed in our elected officials on this.

Meanwhile, an inventors note book (bound volume, numbered pages, such as an accounting record book, where you record your developments, and periodically get it countersigned, etc. Re. Patent It Yourself by David Pressman, has been the way to go.

Also, the only protection you have for your invention are the allowed claims in an issued patent.

Another subject: I spent 45 minutes answering your other question, but then somehow is disappeared on me. I'll try again, but not just yet.

Best wishes on your project.

George H. Morgan
http://www.evansville.net/biz/patagent