First to file and first to invent

The concept of a grace period, under which early disclosure does not prevent the discloser from later filing and obtaining a patent, must be distinguished here from the FTI system.Under the first-to-invent system, when two people claim the same invention, the USPTO would conduct an interference proceeding between them to review evidence of conception, reduction to practice, and diligence.One study by researchers at McGill University found that contrary to expectations "the switch failed to stimulate Canadian R&D efforts.For example, the IEEE stated in its submission to the House Judiciary Committee, charged with the study of the Patent Reform Act of 2007, that "We believe that much of the legislation is a disincentive to inventiveness, and stifles new businesses and job growth by threatening the financial rewards available to innovators in U.S. industry.Passage of the current patent reform bill language would only serve to relax the very laws designed to protect American innovators and prevent infringement of their ideas.
PatentPatent claimHistoryEconomicsCriticismApplicationProsecutionOppositionValuationInfringementPatentable subject matterInventorshipNoveltyInventive step and non-obviousnessIndustrial applicabilityUtilityPerson skilled in the artPrior artSufficiency of disclosureUnity of inventionPatent Cooperation TreatyAustraliaCanadaEuropeGermanyNetherlandsUnited StatesBiologicalBusiness methodChemicalInsuranceSoftwarePatent analysisPirate PartyGlossaryinventiongrace periodreduction to practiceprima facieinterference proceedingMcGill UniversityAmerica Invents ActArticle I, Section 8, Clause 8House Judiciary CommitteeGlossary of patent law termsSubmarine patentInventor's notebookWayback MachineInventors Assistance League