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In the United States, the first inventor of a claimed invention has the sole right to file for and receive a patent. In order to maintain the right to acquire a U.S. patent, the inventor must file a patent application with the U.S. Patent and Trademark Office within one year of the first date on which the invention was "in public use" or "on sale". While acts that fall within the meaning of the phrase "on sale" are usually easy to understand, acts that fall within meaning of the phrase "in public use" are more difficult to understand. Generally, any "experimental" use of an invention in public or private use is considered safe. In order to be safe, however, the inventor should file the U.S. patent application within one year of any public or private use.
Many foreign countries require that a patent application be filed prior to using the invention in public or offering it for sale anywhere in the world. If the inventor plans to file for foreign patent protection, he or she must file a patent application in the U.S., or in a foreign country, before using the invention in public or offering it for sale.
Generally, the U.S. Patent and Trademark Office considers the first applicant for the claimed invention as the first inventor. In some instances, it may be useful for the applicant to prove an earlier, actual date of the invention. This is the main reason for using the government's "Disclosure Document Program". |
