First to Invent vs. First to Patent

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Introduction:

In this article I would like to clarify the difference between two very important Patent rules – First to Invent and First to Patent. Understanding these rules is extremely important and every novice inventor should know the difference between them.

First to Invent Rule

First to Invent Rule states that the Unites States Patent Office (USPTO) will grant patent on an invention to an inventor who first invented the product. Please notice the word ‘first’ – and this is crucial because the original inventor might not be the first who submitted his invention to Patent Office! First To Invent Rule, which is obeyed in Canada and United States, helps in determining who is the rightful owner of an invention and rewards an inventor with proper patent.

First to Patent Rule

First to Patent Rule, on the other hand, grants patent to people who submitted Patent paperwork first! The rule is recognized by most European countries and is not very friendly to an inventor because the first person to publish an invention might not be an original inventor! First to Patent Rule encourages people to ‘borrow’ ideas from...

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