I've written a technical paper and have sent it for publication. There's a chance that some other can make use of my paper and file a patent before me. How to protect the paper, when we are publishing it before a patent has been taken for it.
Another situation in the same line is that you are explaining your business idea to angel investors. They may reject your idea there and set up the start-up as it was their own idea.What measures need to be taken for such situations.
First i want to answer your question related to publishing as a technical paper before applying for a patent. In USPTO, prior art exception are made by the US Patent Law under the AIA 35 U.S.C. 102(b)(1)(A) for novelty AIA 35 U.S.C. 102(a)(1). These exceptions limit the use of an inventor's own work as prior art, when the inventor's own work has been publicly disclosed by the inventor, a joint inventor, or another who obtained the subject matter directly or indirectly from the inventor or joint inventor not more than one year before the effective filing date of the claimed invention. AIA 35 U.S.C. 102(b)(1)(A) provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is not prior art if the disclosure was made: (1) One year or less before the effective filing date of the claimed invention; and (2) by the inventor or a joint inventor, or by another who obtained the subject matter directly or indirectly from the inventor or joint inventor.
Regarding others trying to make use of your paper, it is not possible, since the technical paper that has been published will be conbsidered has an prior art by the patent examiner during the examination process.
For further details please check the link below http://www.uspto.gov/web/offices/pac/mpep/s2153.html http://www.invntree.com/blogs/can-publicly-disclosed-inventions-be-patented-in-india
Vinay
It isn't elegant or optimal but you can take a copy of the paper, attach a provisional patent application cover sheet and a check and express mail it to the USPTO. Or do the electronic equivalent with PDFs.
Regarding inventors, they generally will not sign NDAs because they see so many plans that might have overlapping concepts. Again, a vey informal provisional application that is just your slide deck or product spec. Can be filed very inexpensively. If you do that don't think you're covered, just that you're covered to the extent of the content of what you filed.
Simple old fashioned way - completely and in detail describe your idea/invention on the paper, put everything to the postal letter, glue - take to the Post office and send it to YOURSELF. When you will receive your own letter on your address - do not open it, save in that closed way for the court. The official postal date stamp on letter is the only and main proof of the date of invention, this letter must be given to the hands of judge - which can open it and make sure that you're the first author and all registered patents will be forced to reflect this discovery. The notarial registration of the copy can also be used. This is very old primitive but effective way and many patenting troll companies are really fear such things like unknown author which can show anytime to bring the claims for the invention.
