The first-to-file system is now the global standard for patent law. Under this system, when two independent inventors create the same invention, the one who files a patent application first wins the right to the patent. The actual date of invention is irrelevant — only the filing date matters. The United States was the last major country to adopt first-to-file, switching from the first-to-invent system with the America Invents Act (AIA) in 2013. The European Patent Office, Japan, China, South Korea, and virtually all other patent offices already operated under first-to-file rules. This system creates urgency to file patent applications quickly, which can be challenging for individual inventors and small companies with limited resources. However, it also provides certainty — determining who filed first is straightforward compared to the complex interference proceedings that were necessary under the first-to-invent system.
Why It Matters
In a first-to-file world, speed is everything. If you delay filing, a competitor who independently develops the same invention and files first will get the patent — even if you invented it months or years earlier. This makes early documentation and strategic filing essential components of any IP strategy.
How This Connects to IP Protection
While immut timestamps cannot replace a patent filing, they provide critical supporting evidence in the first-to-file landscape. A blockchain timestamp proves when your invention was documented, which can establish prior art against a competitor's later filing, support prior user rights claims, or demonstrate the timeline of your development. In jurisdictions with grace periods, an immut timestamp can prove your own prior disclosure date.
Common Mistakes to Avoid
The person who invents first always gets the patent: Under first-to-file (the global standard since 2013), the earliest filer wins — not the earliest inventor. If you invent something but delay filing, a later inventor who files first will receive the patent.
First-to-file means you must patent everything immediately: You have strategic options beyond immediate patent filing. You can file provisional applications to secure a priority date at lower cost, or you can defensively publish to create prior art that prevents anyone (including competitors) from patenting the invention.
First-to-file eliminated all advantages of being first to invent: Being the first inventor still has some benefits. Many jurisdictions recognise prior user rights, meaning if you can prove you were using the invention before the filing date, you may have the right to continue using it even if someone else patents it.
Frequently Asked Questions
When did the US switch to first-to-file?
The United States switched from first-to-invent to first-to-file on 16 March 2013, when the relevant provisions of the America Invents Act (AIA) took effect. Applications filed before that date are still governed by the first-to-invent rules.
What are prior user rights under first-to-file?
Prior user rights allow someone who was commercially using an invention before another party's patent filing date to continue that use, even after the patent is granted. In the US, prior user rights require proof of commercial use at least one year before the effective filing date.
How can I protect my invention without filing a patent immediately?
You can file a provisional patent application for a lower cost to secure a priority date, defensively publish your invention to create prior art, or use blockchain timestamping services like immut to establish a verifiable record of when your invention was documented.
Protect Your Intellectual Property Today
Whether you are navigating first-to-file or building a broader IP strategy, immut gives you instant blockchain-verified proof of your innovations — no lawyers, no delays.