[Moltke]

You see an attack on capitalism here? Hmmm...

OK, what this concerns is the following situation:

Two people independently make the same invention.

Mr. Smith makes the invention on June 1 and files for a patent on June 20.

Mr. Jones makes the invention on June 2 and files for a patent on June 19.

Who shall have the right to the patent?

That is the whole extent of first to invent vs. first to file.

First to file (you snooze you lose) is an instant resolution when there are two claims to an invention. Proving who made the invention first can be a nightmare (but it'll buy your lawyer that new yacht he's had an eye on).

Discuss.

[BlueLancer]

"Mr. Smith makes the invention on June 1 and files for a patent on June 20."

"Mr. Jones makes the invention on June 2 and files for a patent on June 19."

I never could understand that though. If I was smart enough to invent something that I thought I would need a patent for, I would be filing that afternoon or as soon the next day as possible. Why the delay?