Patent Watch: Who's on first?

This article highlights the significance of being first in a patent system. In a first-to-file patent system, the inventor who files the first patent application wins the patent. All countries except the United States, until now, have first-to-file systems. The United States has been a first-to-invent country. That means, if two or more inventors apply to patent a similar idea, the inventor who can establish that he worked out the idea first will win the patent even if another inventor has filed a patent application first. Who was first to invent the idea can be decided by using a quasi-judicial procedure convened at the Patent Office called an “interference.” During an interference, first to invent means looking at both inventors’ invention conception dates and how and when they each reduced their inventions to practice. Lawyers are hired, invention notebooks are reviewed, and after a lot of time and money are spent, a winner is declared by a patent examiner.