First to Invent vs. First to Patent

In this article I would like to clarify the difference between two very important Patent rules - First to Invent and First to Patent. Understanding these rules is extremely important and every novice inventor should know the difference between them.

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First to Invent vs. First to Patent

Introduction:

In this article I would like to clarify the difference between two very important Patent rules - First to Invent and First to Patent. Understanding these rules is extremely important and every novice inventor should know the difference 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 crucial because the original inventor might not be the first who submitted his invention to Patent Office! First To Invent Rule, which is obeyed in Canada and United States, helps in determining who is the rightful owner of an invention and rewards an inventor with proper patent.

First to Patent Rule

First to Patent Rule, on the other hand, grants patent to people who submitted Patent paperwork first! The rule is recognized by most European countries and is not very friendly to an inventor because the first person to publish an invention might not be an original inventor! First to Patent Rule encourages people to 'borrow' ideas from others and rewards them with new and shiny patents.

What can one submit as a proof that he is the original and rightful owner of the patent? Two excellent choices are Provisional Patent Application and Inventor Journal.

Provisional Patent Application

Provisional Patent Application may be the only source of proof that you are the original inventor and entitled to reaping the benefits of the patent. It is very possible that since the time you have submitted your Provisional Patent Application, someone else filled out paperwork for regular patent. The only thing that might substantiate your claim that you are the rightful owner of the invention is your Provisional Patent Application. One note of caution - Provisional Application is good for one year only and cannot be renewed. In fact, these applications were meant to be temporary solution until the inventor submits regular Patent Application Paperwork.

Inventor Journal

Inventor Notes or Journal is another popular method of keeping records regarding the time-line of your invention. In your journal you should write down every important date related to your invention with detailed explanation of your invention. Be as detailed as possible because the Journal might be the only proof that you are the original owner of an invention. It is a good idea to date every page and include diagrams and graphs that are pertinent to your invention. Ask your friends to read your Journal (your friends may not be as technical as you are, so be patient and explain your invention to them in plain language staying away from technical jargon). Ask your friends to date and sign your Notes - again, your friends are your witnesses and Patent Office will consider them.

Summary

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

If you are interesting in reading more, please visit IdeaJets website that is dedicated in bringing quality information to the inventors all over the globe!

Robert P. Stewart

IdeaJets - IdeaJets Support

Does Your New Product Qualify For A Patent

If you've created something unique and something you believe to be marketable the subject of patents should be of immense interest to you. Without a patent your idea could be stolen from you. With a patent in place the concept, and its financial rewards, are yours for a minimum of 17 and a maximum of 20 years.

Does your new product qualify for a patent, however? To determine this you'll need to not only prove its uniqueness but to also make sure it's not disqualified for c...

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If you've created something unique and something you believe to be marketable the subject of patents should be of immense interest to you. Without a patent your idea could be stolen from you. With a patent in place the concept, and its financial rewards, are yours for a minimum of 17 and a maximum of 20 years.

Does your new product qualify for a patent, however? To determine this you'll need to not only prove its uniqueness but to also make sure it's not disqualified for category.

In the United States, for example, the issuing federal agency is the U.S. Patent and Trademark Office. This agency offers utility patents, the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.

What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, inventions that aren't operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the patent office as "whimsical," i.e., serving no serious purpose. As of this writing the patent office also refuses "immoral" patents, but a change is in the offing that will eliminate this category from patent refusal.

One of the criteria used by the US PTO to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you're introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you've determined that the answer to this is yes. You'll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.

This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don't take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you'll also want to carefully document your step-by-step creation - from original concept to completion.

Purchase a notebook. It doesn't need to be anything fancy - just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you're probably more prone to use a word processing system to do so (and that's a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you'll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.

The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you're the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you'll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.

Once you've received your patent, you'll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages.