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Difference between revisions of "Trademarks, Copyright and Other Intellectual Property"
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Trademarks, Copyright and Other Intellectual Property (view source)
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==Time is of the essence== | ==Time is of the essence== | ||
If you’re concerned about a competitor being on the same track, you should submit your patent application as soon as possible. In all countries, including Canada, the person who applies first | If you’re concerned about a competitor being on the same track, you should submit your patent application as soon as possible. In all countries, including Canada, the person who applies first gets the patent over another person who applies later, claiming the same invention. This is normally true even if the second person can prove that they invented the same product before the first person did. | ||
Also, in Canada and the US, any public disclosure, use, or sale of your invention starts a one-year clock running. After that one year, if you have not filed a patent application, you cannot get a valid patent for your invention. Many countries don’t allow even this one-year grace period (in some cases, there may be a shorter grace period)—they don’t allow any public disclosure before a patent application can be validly filed, and you could lose your right to obtain a patent internationally if you rely on the one-year grace period in Canada. So it’s important to keep your invention secret and file a patent application (or assess your other options) before you publicly disclose your invention. | Also, in Canada and the US, any public disclosure, use, or sale of your invention starts a one-year clock running. After that one year, if you have not filed a patent application, you cannot get a valid patent for your invention. Many countries don’t allow even this one-year grace period (in some cases, there may be a shorter grace period)—they don’t allow any public disclosure before a patent application can be validly filed, and you could lose your right to obtain a patent internationally if you rely on the one-year grace period in Canada. So it’s important to keep your invention secret and file a patent application (or assess your other options) before you publicly disclose your invention. | ||