The Differences Between American and Canadian Patent Law

Some businesses have a presence across the globe, and many of these businesses are familiar with American Patent Law, but not the Canadian system. If your business spans across both countries, then it is important to understand the differences between the two types of patent laws. This knowledge could be instrumental in executing your operations, marketing strategies, and formulating IP strategies. Patent lawyers and agent usually consider the differences in the patent systems of both countries before advising their clients on a suitable IP strategy. Let’s take a look at some of the key differences between American and Canadian Patent Law.

Requirements of Patentability

The eligibility to file for patentability varies in both the U.S. and in Canada. In the U.S., the requirements for patentability are more simplistic than in Canada. Canada has a more narrow definition of what is considered patentable than the United States does.

One example of a difference in what is considered patentable between the two countries is higher life-forms, such as mice. In the US, these higher life-forms can be protected with a patent. In Canada, however, they are not considered patentable subject matter.

First-to-file

Just like many nations in the world, Canada uses the first to file system. This means it is important to obtain the earliest possible claim date. The claim date is either the filing date of the patent application or the priority date of the patent application. If you are in Canada, you need to make sure that you opt for a priority filing or file as early as possible. The U.S. has a first inventor to file system that is very similar to Canada. It is possible to file a U.S. provisional application if you want an early filing date.

Patent Claims

In Canada, a patent application can be filed with as many claims as you want and no additional fees are payable. In the United States, a patentee is limited to 20 claims, including 3 independent claims, unless they are willing to pay to file additional claims. The United States also offers patentees the option of filing continuation, continuation-in-part and provisional applications which are not available in Canada.

Double Patenting

In Canada, only a single patent can be issued for any given invention. When an inventor tries to file more than one patent for the same invention, they are attempting to double patent. The Canadian patent office will only allow one of these applications to issue and the inventor does not always get to decide which one. Generally, the first application will prevent any future applications from issuing. The U.S. deals with double patenting differently. In the U.S., terminal disclaimers are used to limit the expiry date of patents that are deemed to be double patenting. All of the double patented patents share an expiry date so that the 20 year exclusive rights to the invention cannot be extended through the filing of new patent applications related to the same invention.

Get a better understanding of the types of claims in Canada and the workings of the patent system in Canada with the help of Edmonton patent lawyers and agents. Connect with our team to get more insight in this matter.