Two independent inventors come up with the same patentable invention and each of them decides to file a patent application in Canada, Germany and the United States. Who would get the patents?
in Canada and Germany, the first to file the patent application, and in the United States, the first to invent the invention
Why? One of the major differences between the patent system in the United States and in the rest of the world is the “first to invent” rule. The United States patent office grants a patent to the first person to conceive the invention and to diligently reduce it to practice. Thus, two inventors of the same subject matter may need to provide proof of who invented the invention first. In the rest of the world, the rule of “first to file” applies. Therefore, the one who first files the patent application in a patent office in a country other than the United States will obtain the patent.