who gets the patent first?

In general, the first inventor to file a patent application for an invention will be granted the patent, as long as the invention meets the criteria for patentability, such as novelty, non-obviousness, and industrial applicability. This is known as the “first to file” rule, and it is used by many patent offices around the world.

Under the first to file rule, it doesn’t matter who actually invented the invention first, as long as the first person to file the patent application can demonstrate that they were the first to conceive of the invention and reduce it to practice. This can create a race to the patent office, where inventors are incentivized to file their patent applications as quickly as possible to secure the rights to their invention.

There are some exceptions and nuances to the first to file rule, and the specific requirements and procedures for filing a patent application can vary depending on the jurisdiction and the type of invention. It is often advisable to consult with a patent attorney or agent to navigate the patent application process and ensure that the invention is protected to the fullest extent possible.