What is the difference between the first inventor to file and the first to invent rules in the United States?

The difference between the first inventor to file and the first to invent rule in patent law is whether the Patent Office looks to the filing dates of the respective patent applications or the dates of the invention to determine who is awarded the patent.

Under the first inventor to file rule, the Patent Office looks to the filing dates of the respective applications. The first inventor to file is awarded the patent.

In contrast, under the first to invent rule, the inventor to first conceive, think of, or come up with the invention is awarded the patent. The inventor must also diligently file a patent application or build the invention immediately after coming up with the idea.

Is the United States a first inventor to file or first to invent patent system?

In the United States, a patent application may be considered under the first inventor to file or first invent patent provisions. It depends on the effective filing date of the patent application.  The switch occurred on March 16, 2013.

All new patent applications currently filed with the United States Patent Office are evaluated under the First Inventor to File provisions of the America Invents Act. However, any patent application with an effective filing date before March 16, 2013, is considered under the first to invent provisions of the prior patent act.

What are the key characteristics of the first inventor to file patent rules in the United States?

The key characteristics of the first inventor to file path rules in the United States are:

1. The Patent Office will look solely to the filing dates of respective applications to determine which inventor will be awarded the patent.
2. The United States Patent and Trademark Office does not follow a strict first inventor to file rule. There are three exceptions to the United States version of the first inventor to file rule. You can read about them in my article: what is the first inventor to file patent rule?
3. The first inventor to file a patent rule is less friendly to or less favorable to inventors Compared to the first to invent rules.

What are the key characteristics of the first to invent patent rules in the United States?

1. The USPTO will look to the earliest dates of conception and reduction to practice to determine which inventor will be awarded the patent.
2. The first to invent patent rules in the United States reward inventors for coming up with inventions and bringing them to market as soon as possible.