STEVE JOBS AUGUST 2009

First to Invent vs. First to Patent.

Introduction:

In this article I would like to clarify the difference between two very important Patent rules - First to Invent and First to Patent. Understanding these rules is extremely important and every novice inventor should know the difference between them.

1. First to Invent Rule.
2. First to Invent Rule states that the Unites States Patent Office (USPTO) will grant patent on an invention to an inventor who first invented the product. Please notice the word 'first' - and this is crucial because the original inventor might not be the first who submitted his invention to Patent Office! First To Invent Rule, which is obeyed in Canada and United States, helps in determining who is the rightful owner of an invention and rewards an inventor with proper patent.
3. First to Patent Rule.

First to Patent Rule, on the other hand, grants patent to people who submitted Patent paperwork first! The rule is recognized by most European countries and is not very friendly to an inventor because the first person to publish an invention might not be an original inventor! First to Patent Rule encourages people to 'borrow' ideas from others and rewards them with new and shiny patents.

What can one submit as a proof that he is the original and rightful owner of the patent? Two excellent choices are Provisional Patent Application and Inventor Journal.

Provisional Patent Application.

Provisional Patent Application may be the only source of proof that you are the original inventor and entitled to reaping the benefits of the patent. It is very possible that since the time you have submitted your Provisional Patent Application, someone else filled out paperwork for regular patent. The only thing that might substantiate your claim that you are the rightful owner of the invention is your Provisional Patent Application. One note of caution - Provisional Application is good for one year only and cannot be renewed. In fact, these applications were meant to be temporary solution until the inventor submits regular Patent Application Paperwork.