\"In the past, in the United States, patent protection was granted to the first

Question

"In the past, in the United States, patent protection was granted to the first person to invent a given product or process, even though another person may be the first to file for a patent on the same product or process. What are the advantages of this patenting procedure compared to the recent changes in law that grants the right to the first person to file? Explain."

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Explanation / Answer

In the past patent protection was granted to the first person to invent a given product or process, even though another person may be the first to file for a patent on the same product or process. This is known as the ‘first to invent’ doctrine and the advantage of this doctrine is that the inventor who first conceived the invention and diligently transformed the invention into a practice is given the due protection that is deserved by him/her. Practically the person who first invented the product or the process is the first inventor and hence is entitled to patent protection on the basis of principles of just, fairness and equity.

While discussing the advantages of ‘first to invent’ doctrine against the doctrine of ‘first to file’ doctrine we must consider three important dates. The three dates to be considered are the date of conception, the date of actual reduction to practice and the date of constructive reduction to practice. The date of conception is that date on which the inventor first conceived of the invention. This has to be done in its complete form. The second date is the date of actual reduction to practice. This is the date on which a prototype (or a working model) is built. The last date is the date of constructive reduction to practice date. This is the date on which the inventor has filed a patent application. (Poltorak, A. 2008).

Technically speaking the person who had first conceived of the invention should be entitled to a patent as long as that person had not abandoned or suppressed the invention. The most important advantage of this system is that it accords recognition and due importance to the first inventor. The concept of winner of the race to the Patent Office is rightly ignored. The first to invent system is firmly rooted in the U.S. Constitution as well. By encouraging and adopting the first to invent doctrine the U.S. is simply promoting the progress of science by securing, albeit for a limited time, exclusive rights for the inventors with regards to their inventions and discoveries.

Reference:

1. Poltorak, A. 2008. First to file vs. First to Invent. Retrieved from http://www.generalpatent.com/ip_articles/Poltorak-IPToday-Apr2008.pdf

2. Wealth of Ideas (2007). Retrieved from http://www.generalpatent.com/first-file-vs-first-invent-who-really-benefits-changing-u-s-patent-system

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