- An invention is conceived when a definite and permanent idea of an operative invention is known. Conception is complete when one of ordinary skill in the art could make the invention without undue research or experimentation. The second person to file a patent application disclosing an invention is awarded the patent over the first to file if said second person can prove a date of conception prior to the date of conception by the first to file, coupled with diligence in pursuing the invention until the filing date of the second-filed patent application.
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