First to File Revisited

The United States Patent Code makes provision for an inventor who is the first to file a patent application for an invention. The first-to-file system was effective on March 16, 2013 after the enactment of the America Invents Act.

In a first-to-file system, the first person to file a patent application for protection of an invention has the right to receive a patent. The patent is granted regardless of the actual date of the invention.