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:
“Affection, indulgence, and humor alike are powerless against the instinct of children to rebel. It is essential to their minds and their wills as exercise is to their bodies. If they have no reasons, they will invent them, like nations bound on war. It is hard to imagine families limp enough always to be at peace. Wherever there is character there will be conflict. The best that children and parents can hope for is that the wounds of their conflict may not be too deep or too lasting.”
—New York State Division of Youth Newsletter (20th century)