Comment first-to-invent and first-to-file (Score 1) 383
How about the first-to-invent vs first-to-file in USPTO? It's written there just to look pretty?
http://en.wikipedia.org/wiki/First_to_file_and_first_to_invent
Or is it the kind of situation when the small entity has to fall back on their rights due litigation costs related to take it to court?
Don't really think so, since is as simple as have a documented evidence one party came up with the idea before the other.