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First to Invent vs. First to Patent


In this article I wish to make clear the distinction between crucial Patent rules – First to Invent and First to Patent. Understanding these rules is extremely vital and every novice inventor should know the distinction between them.

First to Invent Rule

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 essential as a result of the original inventor won’t be the primary who submitted his invention to Patent Office! First To Invent Rule, which is obeyed in Canada and United States, helps in figuring out who is the rightful proprietor of an invention and rewards an inventor with proper patent.

First to Patent Rule

First to Patent Rule, however, grants patent to people who submitted Patent paperwork first! The rule is acknowledged by most European international locations and is not very friendly to an inventor as a result of the first individual to publish an invention won’t be an unique inventor! First to Patent Rule encourages folks to ‘borrow’ ideas from others and rewards them with new and shiny patents.

What can one submit as a proof that he’s the unique and rightful proprietor of the patent? Two glorious decisions are Provisional Patent Utility and Inventor Journal.

Provisional Patent Application

Provisional Patent Software stands out as the solely supply of proof that you are the original inventor and entitled to reaping the benefits of the patent. It is rather potential that since the time you may have submitted your Provisional Patent Application, another person filled out paperwork for normal patent. The only thing that might substantiate your claim that you’re the rightful owner of the invention is your Provisional Patent Application. One word of caution – Provisional Software is good for one yr only and cannot be renewed. In reality, these functions have been meant to be short-term solution till the inventor submits regular Patent Utility Paperwork.

Inventor Journal

Inventor Notes or Journal is another in style methodology of maintaining records regarding the time-line of your invention. In your journal you need to write down every essential date related to your invention with detailed rationalization of your invention. Be as detailed as potential as a result of the Journal could be the one proof that you’re the unique owner of an invention. It is a good idea to this point each page and include diagrams and graphs that are pertinent to your invention. Ask your folks to read your Journal (your mates will not be as technical as you are, so be patient and clarify your invention to them in plain language staying away from technical jargon). Ask your mates thus far and signal your Notes – once more, your folks are your witnesses and Patent Office will consider them.


As one can see, United States and Canada abides the First to Invent Rule and protects authentic owners of invention. Inventor Journal and USPTO Disclosure Documents are two wonderful strategies of documenting your invention and serve as a stepping stone in direction of filing Patent Application.

If you are attention-grabbing in reading more, please go to that is devoted in bringing high quality data to the inventors everywhere in the globe!

In case you crave more information in relation to how to patent, drop by Ewell Jurasien’s Site unhesitatingly.

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