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First to file versus first to invent

WIPO explains that the first applicant has the right to a patent. The USPTO refers to applications under the earlier US law as first to invent applications, and the America Invents Act first inventor to file provisions apply to claims with an effective filing date from 16 March 2013.

• WIPO explains that the first person or enterprise to file a patent for an invention will have the right to the patent.¹
• The USPTO's examining manual refers to applications under the earlier law as pre-AIA, or first to invent, applications.²
• The first inventor to file provisions of the Leahy-Smith America Invents Act took effect on 16 March 2013. They apply to applications that contain a claim with an effective filing date on or after that day.³

Sources

1. World Intellectual Property Organization, Frequently Asked Questions: Patents (accessed 2026-10-27)
2. United States Patent and Trademark Office, MPEP 2150 Examination Guidelines for 35 U.S.C. 102 and 103 as Amended by the First Inventor To File Provisions of the AIA (R-11.2013)
3. United States Patent and Trademark Office, MPEP 2159 Applicability Date Provisions for the First Inventor To File Provisions of the AIA (R-01.2024 (section 2159.02))