First to file and first to invent

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The first to file policy is a world-wide mainstream patent law doctrine used by nearly the whole world save the United States and the Philippines. 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, Bell beated Gray by mere hours, so Bell, not Gray, got a patent for the telephone.

See also