2 ms·

Then what exactly does first to file even mean? If you and I both invent something, but I invent it a month after you do and file for a patent first, would it b

Then what exactly does first to file even mean? If you and I both invent something, but I invent it a month after you do and file for a patent first, would it be granted since I'm the first to file, or could you invalidate the claim by showing that there was prior art - specifically, your prior invention of the same thing?

toast0 7y ago
It depends. If I invented it, and kept it to myself, and don't get around to filing a patent until after you; first to file means you get the patent. I may have rights to continue to use the invention as a prior user, but I'm not familiar with the details there. If I published it before you filed though, that's prior art. Again, I'm not super familiar with details here of if it had to be published for some time or just the day before is fine.