First-to-file

Cross-referenced

Novelty

The requirement that an invention must be new — not previously known, used, or disclosed publicly anywhere in the world before the filing date. Under the America Invents Act (2013), the US uses a first-to-file system: the applicant who files first gets priority, regardless of who invented first. Even the inventor can destroy novelty by publicly disclosing the invention more than a year before filing.

Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Cross-referenced

Priority date

The date that determines whether a piece of prior art counts against a patent application. In the US, the priority date is typically the filing date of the earliest application in a patent family to which the current application claims priority. Under the first-to-file system (post-AIA), the inventor with the earliest priority date wins if two people file on the same invention.

File wrapper

The complete record of all communications between an applicant and the USPTO during patent prosecution — including the original application, all office actions, all responses, and the notice of allowance. Also called the "prosecution history." The file wrapper is public and permanent; courts use it during litigation to interpret the scope of claims based on statements the applicant made to the examiner.

Forward citation

A later patent that cites a given patent as prior art. Forward citations accumulate over time and are the standard quick measure of a patent's influence: a patent cited by hundreds of subsequent filings likely describes foundational technology, while one nobody cites probably had little impact. Investors and analysts count forward citations to gauge which patents actually shaped a field. The opposite of a backward citation.

Freedom to operate (FTO)

A legal opinion assessing whether a product, process, or service can be commercialized without infringing any valid, in-force patents held by others. FTO searches are typically conducted before launching a product. An FTO opinion does not guarantee safety from infringement claims, but a good-faith, well-documented FTO analysis can reduce willfulness damages if litigation occurs.