First-to-File vs. First-to-Invent

When it comes to granting patent rights, two key systems are recognized globally: first-to-file and first-to-invent. These principles determine who holds the legal rights to an invention, but they operate under different philosophies.

1. First-to-File Principle
– In a first-to-invent system, the patent is granted to the individual who can prove they were the first to conceive or create the invention, even if they filed the patent application later.
– The earliest application takes precedence, even if another person invented it first.
– It encourages early filing of patent applications.
– It reduces disputes over who invented first, simplifying the patent-granting process.
– It promotes clarity and certainty in patent rights.
Most countries, including India, China, the European Union, Japan, and Canada, adopt the first-to-file rule. The United States shifted to this system in 2013 under the America Invents Act (AIA).

2. First-to-Invent Principle
– In a first-to-invent system, the patent is granted to the individual who can prove they were the first to conceive or create the invention, even if they filed the patent application later.
– The key focus is on the actual date of invention, supported by documented proof.
– It is complex and lengthy disputes may arise, as inventors must provide detailed evidence (lab notebooks, prototypes, etc.) to establish the invention date.
– It can be unpredictable and legally intensive.
Historically, the United States followed this system until 2013, making it one of the few countries to do so. However, it has now transitioned to the first-to-file system.