"If what they find is not patented then why wouldn't you get a protective right. It is a first to patent system, yes?"

Dear CenturyCom,

please let me give you an example what the "first to patent system" like you call it means.

There are two companies with the same invention about the same time. The invention is something really new, it is not prior art. Both of them apply for a patent, one of them -lets say 3 months or even 1 day- before the other. In this case the rule "first to patent" (or here: first to file) is to be applied because the invention was not prior art, therefore it should be very difficult to give proof of having been the first to invent for any of them.

You also write, "I think it is much different than the U.S. system were all and any prior art is an impediment."

This is exactly the same with the European resp. German system because according to the established international patent law the principle of novelty is one of the most important aspects. I give you the translated paragraph from the German site again: (1) An invention is counted to be new if it is not prior art. Prior art comprises all knowledge, which before the filling date was open to the public in written form or orally, by use or by other manner.

You ask, "If what they find is not patented then why wouldn't you get a protective right."

Now you will be able to answer your question, "I wouldn't get a protective right, simply because my invention was prior art no matter if it has been patented before or not."

I hope I was helpful.

The best to you

Jerry