European Patent Filing Law VS U.S. Provisonal Patent Filing Date

[Jp]

If an American Inventor first documents his conception, . . then files a

Provisional Patent Application, on Jan.1 2009 then a European Inventor Files an application for the same invention, what transpires since the two countries laws are different ?

The European Law is, "First to file", and the American Law is, "first to invent".

Where does the American Law protect an inventor with the 12 months after the conception come into practices in eoither case or just in the U.S. alone ?

[bartmans]

With filing the provisional application, the US inventor has created a priority date, which he can invoke when filing abroad. If this date of priority lies before any filing (or priority) date of a foreign application the US inventor prevails, because he has the first filing date.
If, however, a foreign inventor has filed an earlier application, it does not matter whether the US inventor can show an earlier date of conception: the filing (or priority) date is determining who will get the right to the patent (in all countries except US).

[Jp]

In that case I am assuming there could be two patents, . .

one in the U.S. belonging to the U.S. Inventor and the one in Europe belonging to the European Inventor, . . . .

would the U.S. Inventor then have the right to prevent the sale of the European Product, if the two inventions went to market ?

[JimIvey]

US law applies to activities in the US.

EP law applies to activities in Europe (in member states of the EPO elected by the EP applicant).

US law does not apply outside the United States and its territories.

One concern that wasn't made explicit but might be underlying the question is that infringing goods made abroad might still be imported into the US. 

US patent law considers importation of infringing goods as a direct act of infringement, along with making, using, and selling.  So, infringing goods made in Europe (or China or Taiwan or Mexico or anywhere else) could not be legally imported into the US.

Regards.

[Jp]

To clarify, . .

OK, . .I think I am understanding, so a EP patent as I described, which is the same as the American holders Patent, is considered an infringement ?

[JimIvey]

To clarify, . .

OK, . .I think I am understanding, so a EP patent as I described, which is the same as the American holders Patent, is considered an infringement ?

No.  Making, using, selling, importing a patent application is not an act of infringement unless your claimed invention is a patent application.  And, making, using, selling, or importing anything in Europe cannot infringe a US patent, generally.

Regards.

[Jp]

Concerning, Foreign Patent Law, are there any publicity laws or clauses, that concern the first to file application laws ?

[bartmans]

I'm not sure if I understand your question, but a very good collection of IP laws can be found at the site of the WIPO: http://www.wipo.int/clea/en/.
Since all countries except USA have first to file, you can check on any patent law from any foreign country.

[Jp]

Maybe I shouldn't have asked, . .I will make note of your references, thank you, . . .

I don't want to overcook this and will try to do the unselfish thing and read and research these laws and rules, but, hey amongst Eskimos chewing the fat is customary.

If an American would venture across a publication of written by an inventor who is, "tapped out", financially, takes advantage of the, "publicity law", where an American who reads this and realizes, or otherwise learns, that the inventor does not have a patent, is aware that he himself can not apply for that invention without observing laws that limit his claims, but a European, seeing the same publications can apply and get a patent for someone else's invention.

 These laws, (European and American), seem to start-out like a natural fork in the road, then continue, to separate us, eventually, becoming two opposing poles, one of them, is what we have become use to,
"Our, The Free Democratic Way", which seems to be facing a greatly out-numbered odds, developing into a circumstance where,
"the characteristics of individual independence and freedom is endangered, and I would go further to say even in our own country, . . among or own fellow Americans"

Please Excuse my need to express my agenda, but, I am beginning to realize that "war is inevitable". 

[bartmans]

but a European, seeing the same publications can apply and get a patent for someone else's invention.

This is not correct: he may file a patent application (as also an American might do) but a patent will not be granted since the invention is not novel, i.e. published before the filing date.
As a matter of fact Europeans are worse off in this respect than Americans: if there is a publication you can not get a patent anymore in Europe. In the US you would still be able to get a patent if you could show you are first to invent.