Tuesday, November 29 2022   \  Published by FICPI .

Use it and (Maybe) Lose it: Prior Use and Patentability in Canada

Use it and (Maybe) Lose it: Prior Use and Patentability in Canada

It is generally universal in patenting that an invention cannot have been previously disclosed to the public in order to qualify for patent protection. Canadian law stipulates that the subject matter of a patent claim must not have been disclosed “in such a manner that the subject-matter became available to the public in Canada or elsewhere”[1] before a critical date.

The critical date is typically the priority date of the patent application, however Canada also provides a one-year grace period for applicant/inventor-derived public disclosures. Thus the critical date varies, depending on whether the public disclosure is by/derived from the applicant/inventor, or made by a third party. It is important to note that the Canadian one-year grace period is calculated back from the CA or PCT filing date (i.e. not from a foreign priority date), Read more

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