What is the first-to-file rule?
The first to file rule can mean different things depending on the context. In the context of federal court proceedings, the first-to-file rule states that anyone who is the first party to file a lawsuit is assigned the courts of their country for the venue of the lawsuit or legal proceeding.
Key points to remember:
- The first-to-file rule states that the first party to file a complaint is assigned their domicile for a trial or legal proceeding.
- The first-to-file rule also applies to patent applications, granting the first person to file a patent the right to claim intellectual property.
- Inventors are encouraged to file patent applications early so that imitators do not usurp their new invention or process.
Understanding the first-to-file rule
The first to file rule can mean different things depending on the context.
The Federal First-to-File Litigation Rule
The first-to-file rule states that whoever is the first party to file a lawsuit is assigned the courts of their country for the venue of the lawsuit or legal proceeding. This offers an advantage in that the litigant can be familiar with the judge or court and will not have to incur additional costs, such as travel expenses. Nor would the litigant have to leave home to stay in a hotel for the duration of the trial. The first to file rule is only a general rule. It is not a law that dictates all procedures, and exceptions can be made.
Intellectual Property and Patent Filing
Filing for a patent is complicated and many investors hire a lawyer to help them through the process. This requires research to ensure that a patent does not already exist for a similar creation. The first person to file a patent for an invention may receive the patent once accepted. Even if this person is not the first to create the invention, he owns the patent because he was the first to file.
The patent allows the inventor to sell the creation. Patent offices require the application to have a competitive advantage to sell the product during the life of the patent. Although the first to file may receive the patent first, the application could be refused several times during the process. This could mean that another applicant beats them to the post and gets the patent.
For this reason, delaying a intellectual property application is not advised. The first-to-file rule provides a relatively short grace period between applicants to acquire the specific, individual patent, and an inventor must file before disclosing details of the invention to include offering the item for sale. This is essential to prevent imitators from using the design.
Hire a lawyer for the first filer
To avoid legal entanglements or to provide assistance with first to file patent rules, the inventor may need a patent attorney. The legal professional will work to protect the rights of the inventor, and the attorney can help or support the inventor through the patent application process.