How does the US patent system differ from first-to-file systems?
/// Filed in: Patent
Law
First-to-file patent systems such as the
requirements followed in the European Union place more importance
on the filing date than the actual date when the invention was
conceived. In the US, the PTO determines the priority between two
applications by considering the invention date as well as the
filing date. Thus, the USPTO can be considered to follow a
"first-to-invent" doctrine. An inventor can publicly disclosure the
invention (i.e. demonstrating that the invention has been fully
conceived) and wait to file a patent for up to a year in the US.
This is not the case in Europe since any public disclosure is
considered to be prior art. Consequently, only the filing date
matters. Article 60(2) of the European Patent convention
(EPC) awards priority to
the applicant that first files the invention. Under first-to-file
patent systems inventors are more pressured to prepare and file the
application as soon as possible in order to gain the IP protection
for their invention.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Manual of Patent Examining Procedure, 8th Edition
[4] The European Patent Convention
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Manual of Patent Examining Procedure, 8th Edition
[4] The European Patent Convention