Canadian Patent Law - First-to-file System

First-to-file System

In Canada, since October 1, 1989, generally speaking, patents are granted to the first inventor to file an application for an invention (that is, Canada has a "first-to-file" system), which may result in a "race to the patent office" by inventors of competing technologies (see "First to file and first to invent").

In some cases (referred to below under the heading Requesting an Earlier Filing Date), an application may effectively receive an earlier filing date, to improve the chances of an applicant winning the "race to the patent office".

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