Who gets the intellectual property in a dispute - first one to come up with invention or first one to patent?

and as in first one to come up with invention, its not just an idea. its a documented design or possibly prototype made

Documentation is the key, proof that you came up with the idea may not be enough, it go on in court for a long time. Always get a patent or copy rights.

It should be the idea, but the law says it is the patent.

First to patent. Check out the story of Alexander Graham Bell and his rival.

First to patent.

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