First to file and first to invent: Difference between revisions

Revision as of 11:56, 30 September 2005

Revision as of 01:31, 19 October 2005

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The '''first to file''' policy is a [[patent law]] [[doctrine]] which states the patent for an invention rightfully belongs to the entity which filed a [[patent application]] first, as opposed to [[first to invent]]. Based on this policy, even if Alice [[invention|invented]] the same things as Bob before than he did, the patent would go to whoever's patent application was received by the [[patent office]] first.

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A famous example of this is [[Alexander Graham Bell]]'s patent U.S. patent for the [[telephone]], which was received only hours ahead of [[Elisha Gray]]'s. As a result Bell, not Gray, got the patent.

The '''first to file''' policy is a [[patent]] law doctrine used by most of the world, with the notable exception of the [[United States]]. The [[Philippines]] recently changed its patent system from a [[first to invent]] to a first to file system. Based on this policy, even if [[inventor]] A made the [[invention]] earlier than inventor B, if B filed the patent application to the [[patent office]] earlier, B shall be awarded a patent. For example, [[Alexander Graham Bell]] filed a U.S. patent application a few hours before [[Elisha Gray]], so Bell, not Gray, got a patent for the [[telephone]].

== See also ==

* [[First to invent]]

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