First to file, and simultaneous invention
Now, I don't believe this is true. I think many people can invent the same things entirely independently, and history seems to support that conjecture. One of my major problems with the patent system is that, despite the claim that it's supposed to help inventors, it actually harms every single other inventor, except the one who gets the patent. That seems incredibly anti-inventor to me. If, as is common, you have a bunch of different folks working on a particular innovation, and all of them come up with more or less the same solution, why should only one get the monopoly? That directly harms everyone else by taking away their right to use their own invention!
Techdirt's link on the conjecture business is to a piece by Malcolm Gladwell.
**See
Lemley on the myth of the solo inventor
Romanticizing the role of the solo inventor?
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