What Happens If Two People File a Patent for the Same Invention?

Coming up with a new invention can be an exciting and rewarding experience, but what happens if someone else has the same idea at the same time? Many inventors are surprised to learn that disputes over patent rights are not all that uncommon. When two individuals or businesses file patent applications for the same invention, it can lead to confusion and even legal battles. Read on and reach out to a New Orleans, Louisiana patent lawyer to learn about how the United States Patent and Trademark Office (USPTO) handles these situations.

How Does the USPTO Decide Who Gets the Patent?

In the United States, the patent system follows a “first inventor to file” rule. This means that the first person to submit a complete and proper patent application to the USPTO generally has the right to the patent, even if someone else invented the same thing first. It is no longer enough just to be the first person to come up with the idea. Filing quickly and correctly is critical. The date of filing matters more than the date of invention. There are rare exceptions, but they do not apply to most inventors.

The USPTO does not typically investigate whether two applications describe identical inventions at the initial stage. However, if the two applications are very similar and claim the same subject matter, the office may declare what is called a “derivation proceeding.” This proceeding is designed to determine whether one inventor derived the invention from the other without permission.

Can Two People Hold a Patent for the Same Invention?

The short answer is no. A patent grants the exclusive right to prevent others from making, using, selling, importing, or licensing the invention, so only one party or group of joint inventors can hold that right for a specific invention. When two people apply for different patents that cover the same invention, only one can ultimately receive the patent protection. Sometimes, this situation arises because one person unintentionally files too late. In other cases, it could be the result of a misunderstanding about who invented what or when.

There are situations where similar but not identical inventions can each be patented. This is why it is so important for inventors to describe their inventions in as much detail as possible when filing their applications. Even small differences in how an invention works or is constructed could make a big difference in whether a patent is granted.

What Should You Do If You Think Someone Else Filed a Patent for Your Invention?

If you believe someone else has filed a patent application for an invention you created, or if you receive notice of a competing claim, it is important not to panic. The first step is to consult with a qualified intellectual property attorney who can review the facts and help you understand your options. There may still be a way to protect your rights or challenge the other party’s application. Acting quickly can improve your chances of success, especially in a system where timing is everything.

Ultimately, protecting your invention means being proactive. Filing your patent application as soon as possible, keeping clear records of your development process, and working with a knowledgeable attorney can help protect your ideas. When two people file for the same invention in separate patent applications, the outcome often depends on who is better prepared.

If you would like help securing your patent, please don’t hesitate to contact Lemler IP today.