Provisional Patent Library

Patent Priority



Under U.S patent law, the "first-to-invent" gets the patent rights. However, this only applies if you can prove you were the first person to come up with the idea.

Some people believe that mailing yourself a letter with your invention notes can prove your conception date for the Patent Office. That is not true. Instead, you should keep a detailed and diligent log book which describes the activities you took to create and test the invention. Each entry should be signed, dated and witnessed by others. In addition, each participant and his or her role should be noted.

Even with a log book, it is often difficult to prove you came up with an invention before someone else. That’s why the first person to file a patent application is almost always deemed to be the first to invent, and why provisional patents have become so popular – because they establish an official U.S. Patent filing date for the date that the invention was first “reduced to practice.”

Back in 1876, two people independently came up with an invention that could carry speech electronically over a wire – the telephone. Both men rushed their designs to the patent office, with Alexander Graham Bell beating the other man by only two hours. After a long and protracted fight, Bell eventually won and was awarded the patent for the telephone, which eventually became known as “the most valuable patent.” Do you know the name of the person who came in second?