Science and Development Network
News, views and information about science, technology and the developing world
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Definitions
List of terms for Intellectual property
F
First to file
A patent system, such as those used in Europe and Canada, is described as being 'first to file' — as opposed to 'first to invent' (see below) — if the first individual to file a patent application for a specific invention is considered to be entitled to the patent. The timing of the patent application gives the applicant priority over others who may claim rights to the same invention.
First to invent
In contrast to 'first to file' systems (see above), the 'first to invent' patent system means that an individual is eligible to apply for a patent on an invention if he or she can prove — for example, by producing a notarised notebook — to have been the first to conceive and demonstrate a novel idea. Such a system is now only operated by the United States.
