How to Make Your Patent Valid in Canada

When you patent an invention in one country, it's critical to understand that the patent holds for only that country. To make your U.S. patent valid in Canada, you must apply separately to Canada to obtain a Canadian patent. Thanks to the treaty known as the Paris Convention for the Protection of Industrial Property, you have a head start for patent protection in Canada, which allows for a 12-month preprotection of sorts, known as "convention priority." Read on to learn more.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Patent attorney or Canadian patent agent

1. Start the patent process for a Canadian patent quickly, since you have only one year from your U.S. filing date to invoke "convention priority."
2. Ask your U.S. patent attorney if he or she feels confident in drafting a patent application for the Canadian patent board, known as CIPO, or the Canadian Intellectual Property Office. If not, seek a Canadian "patent agent" to navigate the process.
3. Help your patent attorney or agent create the necessary petition, description, abstract and drawings. Use as much of your U.S. patent information as you can, but as with the U.S. patent, you must complete your Canadian patent application exactly to specifications.
4. Be prepared to wait "several years," according to CIPO, for the board to approve your Canadian patent application or return it to you for an appeal.

Tips & Warnings

• Due simply to the difference in population, the United States offers a broader coverage area for a patent than Canada. Even if you live in Canada, it may behoove you to obtain a U.S. patent before you try for a valid patent in Canada. In addition, the process for getting a U.S. patent takes less than a year, whereas the patent approval process in Canada can take several years.
• If you are not a resident of Canada, you must appoint a representative in Canada with a specific home or business address on the date that you file your Canadian patent application.
• If you do not obtain a valid patent and you infringe on someone else's patent, the original patent holder can sue you.