Patent Interference: First to File vs. First to Invent

I'm Rich Beem. I'm a patent attorney in Chicago and I would like to talk with you about a patent interference and the most important date in the patent process. Now you may have heard if you've been reading up about patents, that there are two different systems. The present system in the US is based on the first inventor. And other systems are based on the first inventor to file a patent application.

Now what happens in the US, and this is a very rare thing. It's in less than one percent of cases. Two people around the same time file a patent application claiming the same thing. What happens in that situation when the patent office notices that this has happened, is they will declare an interference. The purpose of an interference is to decide which of the two competing inventors should get the patent application, and it's a complicated process. But what I want you to know is that even in the US first to invent system, most of the time the inventor who files the patent application first is the inventor who will get the patent. All the benefit of the doubt goes to the first inventor to file.

Why do I tell you this? It's because if you have an invention, it's like staking a claim to a gold mine. You want to be the first person to stake your claim. You want to get an early filing date. And if you would like to get on file with the patent office with your patent application, call us at 312-201-0011. Thank you for joining me.