[gamblor956]

Text of the Copyright Clause: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

The first-to-file system merely states that the first inventor to file, out of a group of multiple simultaneous independent inventors, gets the patent.

So, for example: you have Inventor X and Paperpusher Y. X invents but delays filing for a patent. Y comes across X's invention, realizes it has not been patentend, and files the patent application immediately. Y cannot and will not ever get the patent, because Y cannot prove invention. If Y were to steal X's notes and other junk and try to use those to "prove" invention, Y would be committing fraud and would be subject to civil and criminal liabilities, including jailtime. X may still have the opportunity to file for the patent application, but it depends on whether other parties (i.e., Z) have independently made the same discovery during the period X did not file.