First to file vs first to invent: which system does the US use?
Reviewed by
Dominic Davies, patent attorney (20+ years)
· Last reviewed
September 7, 2026
The US has used a first-inventor-to-file system since 2013, and the rest of the world has long operated on first-to-file, meaning patent rights go to whoever files first, regardless of who invented it first, provided the filer is a genuine inventor. This makes filing speed a real competitive factor everywhere once an invention is developed.
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