Patent question

[Andy777E]

Just curious - if 2 similar software applications exists and the one creating the application 'later' files the patent and approved and first guy does not. In any dispute who wins?

 

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[NMdad]

The U.S. is a first-to-file country. More info on first-to-file here:
First to file and first to invent - Wikipedia

That said, many/most patents have holes in them that competitors can fill through their own patents. (Speaking purely as a non-attorney).

 

[Andy777E]

Thank you for the link and input!

 

[Davejemmolly]

In most cases, once an idea is in the public realm, be it published or released, its very difficult / impossible to patent it.