"first-to-invent" systems of patenting?
In most of the countries a patent or invention which is filed or
registered first in the patent office will have precedence to the
patent or invention which is filed later in date even if it had been
invented earlier (First-to-file).
However, the practice is different in USA. If an inventor or a patent
holder can prove that the invention or patent had been conceived
earlier but could not be filed in Patent Office earlier, the US law will
favour it and give/precedence to the invention or patent which even
had been filed earlier (first-to-invent).
Filing first necessarily will not entitle an invention or patent
precedence in USA. The USA view and culture in the US is that
first-to-invent system, is inventor friendly system.
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Always check with your IP consultant.
