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First to file and first to invent are legal concepts that define who has the right to the grant of a patent for an invention. Since March 16, 2013, after the United States abandoned its "first to invent/document" system, all countries have operated under the "first-to-file" patent priority requirement.
Until 16 March 2013 the US gave priority to first inventors to invent, although the US adopted first inventor to file system since (see First to file and first to invent). The US has provisional patent applications , which can be filed one year before filing regular patent application, thus delaying the start on the nominal 20 year patent term ...
After decades of debate in the U.S. comparing and contrasting the pros and cons of "first-to-invent" versus "first-to-file" systems, the AIA switched the U.S. patent system from "first to invent" to "first inventor to file". The U.S. had been the last remaining country still using a first-to-invent system.
The law switched the U.S. rights to a patent from the previous "first-to-invent" system to a "first inventor-to-file" system for patent applications filed on or after March 16, 2013. The law also expanded the definition of prior art used in determining patentability.
In United States patent law, an interference proceeding, also known as a priority contest, is an inter partes proceeding to determine the priority issues of multiple patent applications. Unlike in most other countries, which have long had a first-to-file system, until the enactment of the Leahy-Smith America Invents Act (AIA) in 2011, the ...
The filing date of an application sets a cutoff date after which any public disclosures cannot form prior art (but the priority date must also be considered), and also because, in most jurisdictions, the right to a patent for an invention lies with the first person to file an application for protection of that invention (See: first to file and ...
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