Patent ownership question

[Mouseyboy]

What is the name of your state? California

I have a virtual prototype in the works.

I sent a nondisclosure and a drawing of my invention to a patent and marketing group. "By Fax."

I paid for the patent search and it came back with all clear and ready to go.

I paid for the provisional patent and for the virtual prototype.

According to them, they won't pay my application fee to the patent office until the virtual website is complete. (( 4 to 8 weeks. )) Because of the 12 month clock they want all possible time to find an interested party.

I don't have a problem with their approach, let's just say I am paranoid:}

(1.) My question is**************....

Let's say while I am waiting for the marketing company to complete the prototype that somehow someone comes up with the same or similar idea and files the patent application right away, yet my faxes and emails and patent search prove that I was involved with this idea /invention prior to their filing date.

Do I have any legal recourse to prove I am the true inventor or will I lose all my money and my invention.

Thank you very much.

 

[divgradcurl]

Let's say while I am waiting for the marketing company to complete the prototype that somehow someone comes up with the same or similar idea and files the patent application right away, yet my faxes and emails and patent search prove that I was involved with this idea /invention prior to their filing date.

Do I have any legal recourse to prove I am the true inventor or will I lose all my money and my invention.

If someone else gets there application into the patent office before you do, all is not lost -- you could still try and prove that you were the "first" inventor. But remember, the other party probably didn't file their application the day they invented their invention -- they probably have documentation that could support an earlier filing date as well. In other words, this is the kind of situation that you don't want to be in, if you can help it -- it's always better to be the first filer, than gives you the most protection and leverage.

As far as your "patent and marketing group" is concerned, you might want to read this: http://www.uspto.gov/web/offices/com/iip/complaints.htm