Independent creators: first to file

Where two or more persons have independently created a single invention, the person who filed their application earlier has the right to register the patent. Likewise, where two or more persons claim the priority right referred to in Article 10 of this Act, the one who can prove that they filed their application, in accordance with the relevant rules, earlier than the others — provided that the application has not been withdrawn or rejected — has the right to register the patent.