美国专利不完全是“谁先申请，谁拿专利”

美国专利不完全是“谁先申请，谁拿专利”，有时候是“谁先搞出发明，谁拿专利”。

非专业人士等我有空详细谈。

专业人士请参 35 USC 102(g):

A person shall be entitled to a patent unless—

(g) (1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.

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