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{{Short description|Concepts in patent law}}
{{patent law}}
'''First to file''' and '''first to invent''' are legal concepts that define who has the right to the grant of a [[patent]] for an [[invention]]. Since 16 March 16, 2013, after the USAUnited States abandoned its "first to invent/document" system, all countries have operated under the "first-to-file" patent priority requirement.<ref>{{cite news |title=Patent Reform Refuses To Die, Congress Keeps Cashing In |author=Zach Carter |url=http://www.huffingtonpost.com/2011/09/06/patent-reform-drags-on_n_951128.html |newspaper=The Huffington Post |date=11 June 2011 |access-date=31 July 2013}}</ref>
 
== First to file ==
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Canada changed from FTI to FTF in 1989. One study by researchers at [[McGill University]] found that contrary to expectations "the switch failed to stimulate Canadian R&D efforts. Nor did it have any effects on overall patenting. However, the reforms had a small adverse effect on domestic-oriented industries and skewed the ownership structure of patented inventions towards large corporations, away from independent inventors and small businesses."<ref>[https://ssrn.com/abstract=1394833#%23 Lo and Sutthiphisal: "Does it Matter Who Has the Right to Patent: First-to-Invent or First-to-File? Lessons from Canada", April 2009, NBER Working Paper No. w14926]</ref>
 
== USAUS change to first-inventor-to-file (FITF) ==
 
The [[America Invents Act]], signed by Barack Obama on 16 September 2011,<ref>[https://obamawhitehouse.archives.gov/the-press-office/2011/09/16/president-obama-signs-america-invents-act-overhauling-patent-system-stim 16 Sept 2011 whitehouse.gov press release re signature of AIA]</ref> switched the U.S. right to the patent from a "first-to-invent" system to a "first-inventor-to-file" system for patent applications filed on or after 16 March 2013 and eliminated interference proceedings.<ref name=aiaeffective>[http://www.uspto.gov/aia_implementation/aia-effective-dates.pdf USPTO: "America Invents Act: Effective Dates"]</ref>
 
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