First to file and first to invent: Difference between revisions

Revision as of 09:51, 30 August 2007

Revision as of 08:00, 13 September 2007

Line 5:

== First to invent ==

The United States uses a ''first-to-invent'' system, unlike most other countries in the world. Invention in the U.S. is generally defined to comprise two steps: (1) conception of the invention and (2) reduction to practice of the invention. When an inventor conceives of an invention and <i>''diligently</i>'' reduces the invention to practice (by filing a patent application, by practicing the invention, etc), the inventor's date of invention will be the date of conception. Thus, provided an inventor is diligent in reducing an application to practice, he or she will be the first inventor and the inventor entitled to a patent, even if another files a patent application (reduces the invention to practice) before the inventor.<ref>http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2138_05.htm</ref>

However, the first applicant to file has the <i>''prima facie</i>'' right to the grant of a patent. Should a second patent application be filed for the same invention, the second applicant can institute interference proceedings to determine who was the first inventor (as discussed in the preceding paragraph) and thereby who is entitled to the grant of a patent. This can be an expensive and time-consuming process.

=== Example ===

Line 19:

* [[Inventor's notebook]]

== References ==

{{Reflist}}

* [http://www.torys.com/publications/pdf/ARTech-19T.pdf From First-to-Invent to First-to-File: The Canadian Experience], Robin Coster, American Intellectual Property Law Association, April 2002.

* [http://www.oblon.com/Pub/GholzFirsttoFile.html First-to-file or First-to-invent?], Charles L. Gholz, ''Journal of the Patent and Trademark Office Society'', 82 JPTOS 891, December 2000.