What is the “first to invent rule”? What is that system, in your opinion used? Fair? Tell me why it would not be fair?
Ans.
First to invent rule,
Is a system when two or more individual file for a patent , for the same type of invention , but the patent is given to the one , who have invented the product earlier than other.
This system was used because so that the real inventor gets the patent and not the one who have applied for a patent first.
According to me, it is Fair, It gives a chance to the original inventor to name the invention as its own and not the person who was faster in patenting the invention, and the patent filing cost is cheaper than first to file system.
Process which is hold when the above scenario takes place - Both the parties are checked by the USPTO , by conducting an inference preceeding , which checks evidence of conception and if that invention does work in practical , it is a time consuming and costly process. Where the poor person mostly give up to the big corporations as these court preceedings are costly.
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