What happens if two applications are filed for the same invention?

Up until recently, the U.S., alone among the nations of the world, has followed the rule that the patent rights belong to the “first to invent”. Therefore, if two patent applications for the same invention were filed contemporaneously, the Patent Office would conduct an interference proceeding to determine which had the earlier date of invention. With the enactment of the Leahy-Smith America Invents Act, however, this rule will change to give priority to the “first to file”, in accordance with the international practice.

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