Well, you can file an invention disclosure with the PTO. I'm not sure, but I would think this would be sufficient to establish prior art.
The difference between one of these and a patent is best summed up by one of my favorite Terry Pratchett quotes: "It's the difference between using a feather and using a chicken."
However, the House version of the reform bill expands the defense to cover all types of claims; thus if it survives reconciliation with the Senate bill it will likely become a viable defense.