Canadian Patent Law - One Year Grace Period

One Year Grace Period

In Canada, inventors have one year after their first public disclosure of their invention in which to file a Canadian patent application (this is sometimes referred to as the "one year grace period"). However, disclosing the invention to the public prior to filing a Canadian patent application will result in the loss of significant international patent rights. Additionally, as Canada has a modified "first to file" system, any delay in the filing of a Canadian patent application may result in "losing the race to the patent office".

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