First to Invent vs. First to Patent

The 1500s was a golden era for inventors. In that era, inventors would often claim their inventions as their own and turn to governments for protection and support. Today, however, the reverse is true: it's not uncommon for an inventor to patent that same invention before another human actually invents it.

So what's the significance of this change? The significance is that if you want a share in your invention's profits (or reap public benefits like notoriety), you must file a patent application within 12 months of publicly disclosing your invention. But most people don't realize this crucial component until their idea has been stolen by someone who files the patent first! That's why knowledge about First-to-Invent vs. First-to-File can mean the difference between success and defeat for any inventor.

To follow is a quick guide to this essential distinction. Please feel free to share it with others who might benefit from this information.

What is First-to-File?

The Patent Act of 1790 established the first U.S. patent system by stipulating that the "first inventor" would receive a full patent after applying for and receiving said patent within two years of public disclosure or sale of the invention (1). The "inventor" had to be able to prove that he or she conceived the invention prior to its public disclosure or sale.

This concept was repealed in 1952 and replaced with the current First-to-Invent system, which allows any inventor to file for and receive a full patent within 12 months of publicly disclosing or selling the invention (4). If a patent applicant files after another person has filed for a patent, the earlier-filed inventor still receives the patent.

What is First-to-File?

First-to-File can be summarized as "Whoever files earliest gets the patent." The 12 month limit was selected by Congress to give inventors more time to get their applications through the process while respecting the rights of others that have filed before. The 12 month limit also protects an inventor from losing a patent after someone else files for it.

First-to-File is crucial to success

Why is filing for a patent so important? Because in the US, the first inventor to file is the owner of that invention. That's why it's important to claim early rights by filing for a patent application as soon after you've publicly disclosed or sold your invention as possible. Then, if your idea has ever appeared in print or been sold to someone else, it is up to you to file your patent application within 12 months (1). This ensures that you have a legal claim on the benefits of that idea while others have filed their own applications (2).

First-to-File is a novelty in the U.S., which previously had First-to-Invent laws. According to the National Council of Patent Law Associations, most countries around the world still have first-to-invent laws (3) and therefore do not consider a first patent application to be prior art against another applicant.

If you would like more information on how to keep your invention safe with a patent application file one here (no cost).

For more information, please visit our blog or contact us at info@patentapplicationpros.com (1). Title 35 of the United States Code of Laws, Section 102: http://www.law.cornell.edu/uscode/text/35/102. (2) Title 35 of the United States Code of Laws, Section 102: http://www.law.cornell.edu/uscode/text/35/102. (3) Patent Law Overview: http://www.patentlawyernow.com/. (4) Title 35 of the United States Code of Laws, Section 102: http://www.law.cornell.edu/uscode/text/35/102 . . .

What is First-to-File?

How to protect your idea from being stolen in no time...

The First-to-File system is reactive to the public disclosure or sale of an invention. If your idea has been made public, you must file for a patent within 12 months. This puts your idea in front of a court and ensures that you receive a cut of the profits before any other inventor could.

Inventors often view First-to-File as "antithetical to inventing" because it places limitations on their idea and puts them at a disadvantage in their race against other people to profit from their invention (2). However, if you want to be first and take advantage of all the benefits that go with being first, you need to know about First-to-File.

The First-to-File system was made to protect inventors from the hazards of public disclosure and sale. This new system protects inventors from others stealing their ideas while they're still in the conceptual phase, ensuring that they have time to assess the feasibility of their invention before testing it in the real world.

What is First-to-File?

Inventors can still profit off their invention as soon as they file a patent application. To learn more about how to protect yourself, visit our website or call us at (855) 376-5932.

(1) Title 35 of the United States Code of Laws, Section 102: http://www.law.cornell.edu/uscode/text/35/102. (2) Title 35 of the United States Code of Laws, Section 102: http://www.law.cornell.edu/uscode/text/35/102 . . .

What is First-to-File? - Patents

The First-to-File system allows you to file your patent application within 12 months of public disclosure or sale of your invention (1). However, if another inventor has already filed their application by that time, they will receive a patent on the invention instead of you.

Prior to 1952, the U.S. Patent system used a First-to-Invent model (2). In other words, the "first inventor" received a full patent after filing an application for a patent within two years of the first public disclosure or sale of the invention.

First-to-File is crucial to success

Why does it matter if you file before or after another inventor files for a patent? Because in the U.S., the first inventor to file is the owner of that invention. Therefore, it's important to claim early rights by filing as soon after you've publicly disclosed or sold your invention as possible (1). This ensures that you have a legal claim on the benefits of that idea while others have filed their own applications (3).

First-to-File is a novelty in the U.S. Prior to 1952, the U.S. Patent system used a First-to-Invent model, which allowed any inventor to file for and receive a full patent within two years of public disclosure or sale of their invention (2). If a patent applicant files after another person has filed for a patent on an invention, the earlier-filed inventor still receives the patent.

What is First-to-File?

First-to-File can be summarized as "Whoever files earliest gets the patent." Although there are benefits to being first, it's also important to know what dangers come with this unique system. Make sure you understand how it works and protect yourself by filing your application as early as possible.

Conclusion

Inventors can still profit off their patented invention just as soon as they file for a patent. Learn more here (1).

(2) Title 35 of the United States Code of Laws, Section 102: http://www.law.cornell.edu/uscode/text/35/102 . . .

Resources:

References: US Patent and Trademark Office - http://www.uspto.gov/. The First-to-File system was made to protect inventors from the hazards of public disclosure and sale.