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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.
== First to disclose ==
== First to invent ==
Canada, the Philippines, and the United States had been among the only countries to use ''first-to-invent'' systems, but each switched to first-to-file in 1989, 1998, and 2013 respectively.
▲Canada, the Philippines, and the United States had been among the only countries to use ''first-to-invent'' systems, but each switched to first-to-file in 1989, 1998, and 2013 respectively. The concept of a "grace" period, under which early disclosure does not prevent the discloser from later filing and obtaining a patent, must be distinguished here from the FTI system.<ref name=kravets>[http://techcrunch.com/2013/02/16/first-to-file-a-primer/ Kravets: "First-To-File Patent Law Is Imminent, But What Will It Mean?"]</ref> Germany and the UK formerly had a concept of grace period.<ref name=geresearch>[http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52002DC0002:EN:HTML REPORT FROM THE EUROPEAN COMMISSION TO THE EUROPEAN PARLIAMENT AND EUROPEAN COUNCIL "An assessment of the implications for basic genetic engineering research of failure to publish, or late publication of, papers on subjects which could be patentable as required under Article 16(b) of Directive 98/44/EC on the legal protection of biotechnological inventions"]</ref> Both FTI and grace period systems afforded the early discloser protection against later filers. The FTI system allowed non-disclosers to overturn established parties, whereas the grace system only protects early disclosers. The US moved to a grace system on 16 March 2013, which has been termed "first-to-disclose" by some writers.<ref name=kravets/>
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 ''diligently'' 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 actually 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, constructively reducing the invention to practice, before the inventor.<ref>[http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2138_05.htm 2138.05 "Reduction to Practice" [R-5] - 2100 Patentability]</ref>
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