An idea may have been conceived at exactly the same time, thousands of miles apart. But, right across the world, it’s the first inventor to file who is granted the rights to a patent.

Has it always been this way?

Not everywhere.  Canada, the Philippines, and the United States once used the first-to-invent system. The US was the last to change to first-to-file in 2013 under the America Invents Act (AIA) making this the internationally recognised process.

What is the America Invents Act (AIA)?

The America Invents Act (AIA) is a landmark piece of U.S. legislation signed into law in 2011 that fundamentally changed the country's patent system. Its most significant reform was the shift from a "first-to-invent" system to a "first-to-file" system, which became effective on March 16, 2013. This change aligned the U.S. with nearly every other country in the world, making the date an invention is filed with the U.S. Patent and Trademark Office the primary factor in determining who is granted a patent. The move was intended to streamline the patenting process, reduce costly litigation, and provide more certainty and clarity for inventors and businesses operating in a global marketplace.

Why is first to file preferred?

In the first to invent system, if two people claim the same invention then a great deal of time and expense is expended reviewing and comparing evidence. Under first-to-file, administration is simplified and international consistency is assured.

Ready to file?  Contact us at franksco@franksco.com before another inventor gets there first!