First To Invent
Canada, the Philippines, and the United States were the only countries to use first-to-invent systems, but each switched to first-to-file in 1989, 1998, and 2011 respectively. 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 actually 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, constructively reducing the invention to practice, before the inventor.
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. Interference can be an expensive and time-consuming process.
Read more about this topic: First To File And First To Invent
Famous quotes containing the word invent:
“He was not in the least a rhetorician, was not talking to Buncombe or his constituents anywhere, had no need to invent anything but to tell the simple truth, and communicate his own resolution; therefore he appeared incomparably strong, and eloquence in Congress and elsewhere seemed to me at a discount. It was like the speeches of Cromwell compared with those of an ordinary king.”
—Henry David Thoreau (1817–1862)