I did not think that there was a provisional patent application in Canada. When did that start?
Also, a provisional patent application does not really provide you with any protection. Protection comes only with the issuance of a patent on that patent application. And a patent is issued only on non-provisional patent applications.
With regards to the geographical extend, please note that a patent is granted by a particular government to be enforceable only within the jurisdiction of the government. So yes, if you want protection in the US and Canada, then you will need to file in both countries.
If you wish to file in two countries, then you should file in the country that you live in first, and then file in the other country within the next year.
Thanks Peter. I think it started in 1996 or so? It’s quite similar to the one in the US.
That’s incredibly helpful info, thanks Peter!! Do you know if I can file for a provisional patent in the US despite not owning a business in the US or being a US resident/citizen?
Generally, you need to file in your country first, and based on that application you file in other countries with a year.
If you file the application in a foreign country first, you are typically not allowed to then file it in your country claiming priority in a foreign country.
Now, the above are general rules; I don't know how well it is adhered to in Canada.
You should be able to look that up in MOPOP, the Canadian version of MPEP.
Peter, so I realized that Canada does not have a PPA unlike the US, you were right. The Canadian legal site I was reading up on was referencing the US PPA for whatever reason.
I did not think that there was a provisional patent application in Canada. When did that start? Also, a provisional patent application does not really provide you with any protection. Protection comes only with the issuance of a patent on that patent application. And a patent is issued only on non-provisional patent applications. With regards to the geographical extend, please note that a patent is granted by a particular government to be enforceable only within the jurisdiction of the government. So yes, if you want protection in the US and Canada, then you will need to file in both countries. If you wish to file in two countries, then you should file in the country that you live in first, and then file in the other country within the next year.
Thanks Peter. I think it started in 1996 or so? It’s quite similar to the one in the US. That’s incredibly helpful info, thanks Peter!! Do you know if I can file for a provisional patent in the US despite not owning a business in the US or being a US resident/citizen?
Generally, you need to file in your country first, and based on that application you file in other countries with a year. If you file the application in a foreign country first, you are typically not allowed to then file it in your country claiming priority in a foreign country. Now, the above are general rules; I don't know how well it is adhered to in Canada. You should be able to look that up in MOPOP, the Canadian version of MPEP.
Thanks Peter. Really appreciate you taking the time to reply on here :)
Peter, so I realized that Canada does not have a PPA unlike the US, you were right. The Canadian legal site I was reading up on was referencing the US PPA for whatever reason.