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> Patents are awarded by first to invent not first to file. The default value for date-of-invention is date-of-filing. An inventor who wants to establish an ea
by dctoedt 16y ago
> Patents are awarded by first to invent not first to file.
The default value for date-of-invention is date-of-filing. An inventor who wants to establish an earlier date-of-invention has the burden of proof (and must provide corroborating evidence such as a dated- and witnessed lab notebook, because it's too easy for an inventor to "misremember").
(Yes, we're talking current U.S. law here; most other countries are indeed first-to-file.)
Additional reading: http://en.wikipedia.org/wiki/First_to_file_and_first_to_invent http://en.wikipedia.org/wiki/First_to_file_and_first_to_inve...