First to file and first to invent: Difference between revisions

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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 ''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 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 2138.05 "Reduction to Practice" [R-5&#93; - 2100 Patentability<!-- Bot generated title -->]</ref>
However, the first applicant to file has the ''[[prima facie]]'' 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.
 
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