Do you know what “first to file” and “first to invent” mean when it comes to getting a patent for your invention?In this blog post, we explain what these terms mean and why they are important for your patent rights.
What does first to file mean?
First to File “FTF” is the principle that the first person to file a patent application for an invention gets the patent, regardless of who invented it first. That is, if you and someone else independently invent the same invention, whoever files the patent first wins the patent, even if you invented it first.
What does first to invent mean?
First to Invent (FTI) is a rule that says the first person to invent an invention gets a patent, regardless of who filed the patent application first. That is, if you and someone else independently invent the same invention, whoever invented it first gets the patent, even if the second filed the invention first.
What principle does the United States follow?
The US followed the FTI rule until March 16, 2013, and then replaced it with the FTF rule with a new law called the America Invents Act (AIA). The AIA was enacted to bring the US patent system in line with most other countries in the world that use the FTF rule. The FTF rule is intended to be simpler, fairer and more predictable than the FTI rule.
Why should you care?
The transition from FTI to FTF has major implications for inventors and patent applicants. Under the FTI rule, you can wait to file a patent application and still get a patent over someone else who filed it first. However, under the FTF rule, if you wait too long, you can lose your patent to someone else who filed it first.
Therefore, a patent application should be filed as soon as possible after the realization of the invention. This helps protect your patent rights and avoid losing them to competitors or copycats.Filing early will also help you avoid any problems or disputes from other inventors who may claim they invented it first.
How can you protect your invention under ‘first to file’?
To protect your invention from FTF you must follow the following steps:
Follow the invention process and register everything related to your idea, design, testing and improvement of your invention.
Do research to ensure your invention is new and different from all others. Write a good patent application that shows everything about your invention and why it deserves a patent.
File a patent application with the USPTO as soon as possible after completing the invention.
Check the status of a patent application and quickly respond to any questions or inquiries from the USPTO.
Preserve your patent rights by paying fees and suing anyone who tries to steal or use your invention without your permission.
If you need help with any of these steps, you can talk to a patent attorney that will help you quickly and easily write and file a patent application.
Conclusion
First to file and first to invent are two different rules that determine who gets a patent for an invention. The US switched from FTI to FTF in 2013, meaning the first person to file a patent for an invention gets the patent, regardless of who invented it first. Inventors should therefore file patent applications as early as possible in order to protect their patent rights and not lose them to others.