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'''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]]. The first to file system is used in the majority of countries, with the notable exception of the [[United States]], which operates a first to invent system.
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== First to file ==
In a first to file system, the right to the grant of a patent for a given invention lies with the first person to file a patent application for protection of that invention, regardless of the date of actual invention.
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=== Example ===
Assume Tom conceives of a new [[mousetrap]] on January 1, 2006. Tom works diligently from January 1, 2006, to February 1, 2006, to prepare a patent application, and Tom files his patent application on February 1, 2006. Thus, Tom reduced his invention to practice on February 1, 2006. Assume Jerry conceives of the same mousetrap on January 10, 2006, and diligently files a patent application on the new mousetrap on January 20, 2006. Tom is entitled to the patent on the mousetrap, because he conceived of the mousetrap before Jerry and worked diligently to reduce it to practice.<ref>http://www.uspto.gov/web/offices/pac/mpep/documents/0700_715_07.htm#sect715.07</ref>. The USPTO would institute an interference proceeding between Tom and Jerry to review evidence of conception and diligence.
As a further extension of this example, assume Tweedy conceived of the same mousetrap on December 31, 1990. Tweedy never told anyone about the mousetrap and did not work on reducing the mousetrap to practice for many years due to financial reasons. Tweedy finally reduces the mousetrap to practice on February 15, 2006.
▲As a further extension of this example, assume Tweedy conceived of the same mousetrap on December 31, 1990. Tweedy never told anyone about the mousetrap and did not work on reducing the mousetrap to practice for many years due to financial reasons. Tweedy finally reduces the mousetrap to practice on February 15, 2006. Is Tweedy entitled to the patent because he conceived of the mousetrap before Tom and Jerry? No, Tweedy did not diligently work to reduce the invention to practice, so he is not entitled to a patent over Tom or Jerry. <ref>http://www.uspto.gov/web/offices/pac/mpep/documents/0700_715_07_a.htm#sect715.07a</ref> This is one of many reasons why patent attorneys advise clients to file patent applications as soon as possible.
== Comparison ==
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It is said, however, that the first to file system favours large companies who can afford to rapidly file patent applications, thereby gaining an advantage over smaller companies who are slower to file due to cost restraints. The first to invent system is therefore said to be beneficial in encouraging the growth of smaller companies. A potential problem with this argument is that a smaller company, filing second, would have to rely on interference proceedings to claim their patent, which may be beyond their economic reach and they are therefore no better off.
== See also ==▼
* [[List of patent legal concepts]]▼
* [[Submarine patent]]▼
* [[Inventor's notebook]]▼
== References ==
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* [http://www.inventions.org/resources/advisory/first.html First to Invent vs. First to File], Inventors Assistance League. Advocates first-to-invent.
* [http://www.inventionconvention.com/inventorsvoice/report/ 1992 Special Summary Report; The Great Debate; First-to-invent vs. First-to-file and the International Harmonization Treaty], Stephen Gnass/Inventors Voice. Advocates first-to-invent as more friendly to the individual inventor.
▲== See also ==
▲* [[List of patent legal concepts]]
▲* [[Submarine patent]]
▲* [[Inventor's notebook]]
[[Category:Patent law]]
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