registering IP with online notary

What is the name of your state? NY

I have started working on original scientific research and would like to register my findings/data with an online IP registration service. In about 1 year I might apply for a provisional patent, then after another year probably apply for a full patent.

Question 1:
Is my IP protected with an online registration service? The service makes a digital fingerprint of the file I wish to register and attaches that to a personal digital certificate (digital ID) - which is then time stamped with a secure (and certified) time stamp.

Question 2:
Can I contest an application for a patent if it matches mine and if filled within a year of my online registration?

Question 3:
Can I register a priority document with an online registration service.

Question 4:
If I register a 'Priority Document' online - related to my eventual patent application - would this also give me IP protection?

First off -- I am not familiar with what an "Ip Protection Service" claims to do for you. I can, however, give you some basic patent information that may help you make a decision on what to do.

" have started working on original scientific research and would like to register my findings/data with an online IP registration service. In about 1 year I might apply for a provisional patent, then after another year probably apply for a full patent."

Do you have an invention yet, or just preliminary data or an idea? Remember, ideas are not protect able. Inventions are, but an invention consists of two steps -- conception, which is the idea, and "reduction to practice," which is the step of getting the invention to a point where it could be "practiced." Usually this means either getting the invention to the point of building a prototype or functional mock-up, or at least being able to describe the invention sufficiently so that someone else could build or practice it. If you haven't come this far, you don't have an invention.

In the "conception" stage of an invention, the only protection you have is trade secret -- that is, keeping the info secret.

"Question 1:
Is my IP protected with an online registration service? The service makes a digital fingerprint of the file I wish to register and attaches that to a personal digital certificate (digital ID) - which is then time stamped with a secure (and certified) time stamp."

What do you mean by IP? Is it an idea, and invention, a creative work, what? What exactly is the IP you are talking about?

"Question 2:
Can I contest an application for a patent if it matches mine and if filled within a year of my online registration?"

Yes, and no. The U.S. has a "first to invent" system for patents. Basically, the first person to "invent" an item receives the patent, even if they are not first to file for a patent (there are a lot of exceptions, but this is the basic rule). If someone else files a patent and you can prove that they were not entitled to a patent because you invented first, then you could ask the USPTO to invalidate their patent. This is almost never successful, so don't count on it -- one of the first questions they will ask you is "if you invented it first, why didn't you file a patent?" The patent system is designed to reward people who file quickly, not those who sit on their inventions.

Even though an invalidation action is almost never successful, there are two other ways to assert your rights. First, you could file your own patent application, and the USPTO may declare an interference, in which case the USPTO would go about collecting evidence to find out who the real first inventor was. The other way is to go ahead and practice the invention, get sued for infringement, and then bring up invalidity of the patent as a defense... I wouldn't recommend that one, though!

Your online registration really means nothing.

"Question 3:
Can I register a priority document with an online registration service."

I don't know what you mean here.

"Question 4:
If I register a 'Priority Document' online - related to my eventual patent application - would this also give me IP protection?"

For a patent, no. For a copyright, probably.

You need to give some more information before we can give a definitive response to your questions.

However, in general, for a patent, the most important thing is the date of invention -- that is, the date where you have "conception" and "reduction to practice." This is the date the the USPTO or the courts will look too when trying to determine who is the "first to invent." Date of conception alone really doesn't mean much.

So, if you have an invention (conception plus reduction to practice), I guess registering the invention with the service could help establish an invention date if necessary. However, if you have the invention at that stage, why wait to file a provisional or nonprovisional? Even if you don't have the invention perfected, the only true protection you will have is with a patent, and if you come up with new material after filing the application, you can always use continuations or divisionals to protect the newer material.

Anyway, if you have more information, let us know. You may want to take some time and talk with an attorney or agent registered with the USPTO to figure out all of your options.

Even though an invalidation action is almost never successful, there are two other ways to assert your rights. First, you could file your own patent application, and the USPTO may declare an interference, in which case the USPTO would go about collecting evidence to find out who the real first inventor was. The other way is to go ahead and practice the invention, get sued for infringement, and then bring up invalidity of the patent as a defense... I wouldn't recommend that one, though!

Your online registration really means nothing.

Online registration uses Digital Signatures to sign the documents/research being registered, which under US law is legally binding (ESIGN legislation). The online registration acts as a digital notary, which would be no different to a registration by a regualr notary. After all it is in the US the first to invent and not the first to file. Hereby I can validate the time of my invention.

"Question 3:
Can I register a priority document with an online registration service."

I don't know what you mean here.

A priority document contains all the information used in the application for a provisional (or full) patent.

"Question 4:
If I register a 'Priority Document' online - related to my eventual patent application - would this also give me IP protection?"

For a patent, no. For a copyright, probably.

And if I can legally verify the date of registration? - legal date of 'first to invent' (providing I am the first of course)

You need to give some more information before we can give a definitive response to your questions.

However, in general, for a patent, the most important thing is the date of invention -- that is, the date where you have "conception" and "reduction to practice." This is the date the the USPTO or the courts will look too when trying to determine who is the "first to invent." Date of conception alone really doesn't mean much.

I realise I cannot register an idea - WIPO, but must develop this to the best of my ability.

So, if you have an invention (conception plus reduction to practice), I guess registering the invention with the service could help establish an invention date if necessary. However, if you have the invention at that stage, why wait to file a provisional or nonprovisional? Even if you don't have the invention perfected, the only true protection you will have is with a patent, and if you come up with new material after filing the application, you can always use continuations or divisionals to protect the newer material.

I agree, but if I am not in a position at a certain moment in time to apply for a patent - yet can make an electronic registration - which is also legally binding - I am in a position to counter a patent claim (if identical) within a year of my registration.

Anyway, if you have more information, let us know. You may want to take some time and talk with an attorney or agent registered with the USPTO to figure out all of your options.Online registration uses Digital Signatures to sign the documents/research being registered, which under US law is legally binding.

"Online registration uses Digital Signatures to sign the documents/research being registered, which under US law is legally binding."

"Online registration uses Digital Signatures to sign the documents/research being registered, which under US law is legally binding (ESIGN legislation). The online registration acts as a digital notary, which would be no different to a registration by a regualr notary. After all it is in the US the first to invent and not the first to file. Hereby I can validate the time of my invention."

That's fine and all, but this still will not PROTECT you invention. It MAY help you establish an earlier priority date (invention date) but it isn't a sure thing. If you wait until someone else files for the invention then try and use this service's date as a priority date to defeat the other application, the first thing you will be asked is "why didn't you apply when you invented?" The reason this is so critical is that the patent office (and the judiciary and the legislature) is leery of people trying to effectively extend their monopoly under the patent by waiting to file until they absolutely have to. This is against public policy, so the rule is, first to invent, but there is the caveat, as long as the first inventor has been diligent in reducing to practice and filing an application. The problem is that if you invent something and then wait to file, you could be found not "diligent" and thus lose out to a later inventor who was "diligent."

Also, the rest of the world uses a "first to file" system, so you would also lose out on the opportunity to file for a patent anywhere else in the world if you wait until someone else files.

"I agree, but if I am not in a position at a certain moment in time to apply for a patent - yet can make an electronic registration - which is also legally binding - I am in a position to counter a patent claim (if identical) within a year of my registration."

If you are going to file in a year anyway, why not simply file a provisional. which WILL establish a priority date for sure and WILL protect your idea as long as you convert to a nonprovisional within a year?

Also, remember that patent claims don't have to be "indentical" to be infringing or to preclude another patent.

Rather than relying on what this service is telling you, a few minutes spent with a patent attorney or patent agent may help you to avoid any problems patenting your invention later on. I realize that you may have your own reasons why you don't want to file for a patent immediately, but it's probably not a good idea to take on faith that simply having a "notarized" file on a particular date is really going to protect you in any significant way. Although the U.S. is a "first ot invent" system, life is easier for the first to file, and the later filers have a larger "evidentiary" mountain to climb to prove that they were really first. Further, although a signed and notarized file is surely one way to prove date of invention, it's certainly not the only way, and isn't really any "better" than a signed and dated inventor's notebook, for example.

Good luck, and if you have any other questions of comments, feel free to post 'em.