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While the inventor who first created the invention historically received priority in the U.S. system, the America Invents Act changed this rule in 2013. Now, the applicant who first files their patent application receives priority.
The invention process can vary from invention to invention, but the typical invention process involves the following steps: (1) documentation, (2) confidentiality, (3) patent search, (4) patent application and (5) selling or licensing.
If the only change being made in the patent is correction of the inventorship, this can be accomplished by filing a request for a certificate of correction under the provisions of 35 USC 256 and 37 CFR 1.324. See MPEP 1412.04 and MPEP 1481.02.
1? The first to file rule also applies to patent applications, awarding the first person to file a patent the right to claim the intellectual property to it. 2? Inventors are encouraged to file for a patent quickly so that copycats do not usurp their new invention or process.
The definition for inventorship can be simply stated: ?The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor. ?
Most first to file countries will allow applications on the basis of goodwill acquired by the prior user of a brand but there are other terms and conditions that are worth considering. The US is a 'first to use' country but the 'use' must fulfill certain criteria to qualify.
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...
Canada, the Philippines, and the United States had been among the only countries to use first-to-invent systems, but each switched to first-to-file in 1989, 1998 and 2013 respectively.