First to file and first to invent: Difference between revisions

Revision as of 14:02, 11 May 2006

Revision as of 18:11, 9 June 2006

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== First to invent ==

In a first to invent system, the right to the grant of a patent for a given invention lies with the first person to make that invention (with certain exceptions defined by the applicable law). The USA is the only significant country utilisedutilizing a first to invent system.

The detailed implementation of such a system is complicated, since the date of invention must be proven to substantiate a right to a patent. Under US law, the first to file ''prima facie'' has the right to the grant of a patent. Should a second patent application be filed for the same invention, the applicant for that patent can institute interference proceedings to determine who was the first inventor and thereby who is entitled to the grant of a patent. This can be an expensive and time-consuming process.