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== First-to-Invent System ==

The first-to-invent system is a former patent law principle that granted patent rights to the first person to conceive and reduce an invention to practice, regardless of who filed the patent application first. This system was unique to the United States until 2013 when it transitioned to the first-to-file system.

=== Key Features ===

* Priority based on the earliest date of invention, not filing date
* Required extensive documentation of the invention process
* Allowed for [[Interference proceedings]] to determine the true first inventor

=== Historical Context ===

* Used in the United States from 1790 to 2013
* Aligned with the constitutional mandate to secure rights for "inventors"
* Replaced by the first-to-file system under the [[America Invents Act]]

=== Advantages ===

* [[Fairness to inventors]]: Rewarded the original inventor regardless of filing date
* [[Protection for small entities]]: Gave individual inventors time to develop inventions before filing
* [[Encouraged thorough development]]: Allowed for more complete invention development before filing

=== Challenges ===

* [[Complex disputes]]: Led to lengthy and costly interference proceedings
* [[Difficulty in proof]]: Required extensive documentation to prove invention dates
* [[International disharmony]]: Conflicted with the first-to-file system used in most other countries

=== Key Concepts ===

==== Conception ====

* The mental formation of a definite and permanent idea of the complete invention

==== Reduction to Practice ====

* [[Actual reduction to practice]]: Building and testing a working model
* [[Constructive reduction to practice]]: Filing a patent application with sufficient detail

==== Diligence ====

* Continuous effort to bring the invention to patent application or actual reduction to practice

=== Interference Proceedings ===

* Administrative trials to determine the first inventor
* Involved presenting evidence of conception, reduction to practice, and diligence
* Could result in the invalidation of an already-granted patent

=== Documentation Practices ===

* [[Laboratory notebooks]]: Detailed, witnessed, and dated records of the invention process
* [[Inventor's journal]]: Chronological record of conception and development
* [[Witnessed documents]]: Third-party verification of invention milestones

=== International Implications ===

* Created discrepancies in determining patent rights between the US and other countries
* Led to complications in international patent applications and priority claims

=== Transition to First-to-File ===

* Implemented on March 16, 2013, as part of the America Invents Act
* Aimed to harmonize US patent law with international standards
* Retained some elements, such as a modified grace period for inventor disclosures

=== Legacy and Impact ===

* Influenced record-keeping practices in R&D
* Shaped US patent culture and litigation strategies
* Continues to affect some patents filed before March 16, 2013

=== Criticisms ===

* Viewed as favoring larger entities with resources for extensive documentation
* Created uncertainty in patent rights until interference proceedings were resolved
* Led to potential "submarine patents" where inventors could delay filing

=== Comparison with First-to-File ===

* First-to-invent focused on invention date; first-to-file on application date
* First-to-invent allowed post-filing proof of earlier invention; first-to-file generally does not
* First-to-invent had more complex priority determinations than first-to-file

=== Conclusion ===

The first-to-invent system was a unique feature of US patent law that prioritized the act of invention over the act of filing. While it aimed to protect the rights of true inventors, its complexities and international inconsistencies led to its replacement with the more globally harmonized first-to-file system.

== See Also ==
* [[Patent]]
* [[First-to-file system]]
* [[America Invents Act]]
* [[Interference proceeding]]
* [[Patent priority]]

[[Category:Patent Law]]
[[Category:Intellectual Property]]
[[Category:Legal History]]