An innovation by an inventor can benefit them remarkably. This is because, under Intellectual property law, they reserve the exclusive rights to use their innovation as they please. However, to enforce their rights and, at the same time, protect their invention, an inventor is mandated to get a patent from the United States Patent and Trademark Office (USPTO).
Generally speaking, getting a patent allows the inventor to reap the benefits of their idea or design, especially in a world where multiple innovations may develop approximately at the same time.
That said, if you are an inventor seeking to patent your innovation, there are certain fundamental facts you need to understand. Most importantly, you need to understand the first-to-file rule that applies to patents.
What is the First-to-file Rule?
Put simply, the first-to-file rule is a rule of general application in our jurisdiction, which asserts that the applicant who first files their patent receives priority.
Apparently, this is a departure from the “first to invent” rule, which historically gave priority to the inventor who first created the innovation. Following the changing of the America Invents Act in March 2013, this rule is no longer applicable, and the current rule brings the U.S in line with most foreign patent systems.
However, it is imperative to note that the first-to-file rule isn’t absolute. In other words, there are certain exceptions in some cases.
The Implication of the Rule on Inventors
If you are an inventor seeking to file a patent, then you should try to file your application with the USPTO as soon as possible. One of the most efficient ways to ensure you are ahead in terms of your patent application is to file a provisional patent application.
A provisional patent application is simply an efficient and streamlined version of the regular patent application. However, it is cheap and can be filed quickly. If you proceed to file a provisional patent application, you will receive a patent-pending status for your invention. This is important because it puts you in a better position for negotiating with potential customers.
Although essential, there are certain grey areas in the first-to-file rules. Many scholars argue that it undermines fairness and equality in the sense that inventors with fewer resources are disadvantaged by the rule. Put briefly, the first-to-file rule has been deemed favorable to corporate applicants and other applicants who are represented by an attorney.
Quite frankly, if you choose to file a patent application on your own, you may end up having a hard time navigating the legal process. With lots of paperwork and other complexities, you may be discouraged from proceeding with the application process. As such, it is recommended to have a qualified attorney to help you throughout the process.
The Rationale for the First-to-File Rule
Although it has its share of controversies, the first to file rule succinctly addresses some fundamental issues initially brought about by the previously held, ‘first to invent rule’.
Put briefly, the “first to file” rule eliminates the challenge of determining which inventor held priority- a problem which the USPTO had to grapple with for a long time. With the current changes, it is easier and simpler for the USPTO to determine the inventor who has priority for a patent.
In addition, the current rules are in line with international patent systems. This means that a more uniform system is in place to benefit international business entities seeking to apply for patents in the United States.
Need Help?
As noted earlier, the patent application process is complex. What’s more, the first-to-file rule contributes significantly to the challenges which individuals or entities may undergo if they choose to file a patent application independently. As such, it is crucial to have an attorney by your side from the onset up until the process is complete.
Contact Larson and Larson today for more help.