First to file and first to invent: Difference between revisions

Revision as of 06:32, 17 February 2015

Revision as of 05:08, 25 February 2015

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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 invent'''''Italic text'' ==

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/>