Linked by Thom Holwerda on Fri 12th Oct 2012 12:03 UTC, submitted by MOS6510
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Member since:
2009-02-19
To clarify, what it basically means is...
First-to-invent means, if five people invent the same thing within a year, and they all file the patent, the first to invent gets the patent. (Others may initially get it, and then it gets invalidated due to the earlier invention existing, and eventually the first to invent gets it.)
First-to-file means, if five people invent the same thing within a year, it depends on who files first. If the first to invent was the first to file, they get it. If a later inventor files first, then they may initially get it, and then their patent gets invalidated due to the earlier invention existing. Nobody gets the patent, the idea is in the public domain.
(That said, a better revocation method for patents would be useful.)