US PATENTS Part VI

CAN I MAKE USE OF MY INVENTION BEFORE FILING THE PATENT APPLICATION?

Any prior use of your invention through advertising or disclosing the idea or selling the product may drastically effect your chances of obtaining patent protection. Most countries in the world do not allow any disclosure or sale of the invention anywhere in the world before filing of your first patent application. Canada and the US allow for a one year grace period (the period of time which has elapsed between the disclosure by you and filing of the invention). However, it is extremely important to recognize that a one year grace period does not allow you to wait up to one year until you file your application, since Canada is a first to file country. You may disclose your idea or sell the invention and then file your patent application in Canada well before this grace period expires, only to find that your application is not allowed, since someone else has previously filed this application.

If you have any plans of obtaining patent protection outside North America, it is extremely important that you file your initial patent application in the US or Canada before you have initially disclosed or sold your invention. By filing your patent application first, you will better ensure that your application in Canada and the US is successful and you will better leave open the possibility of applying for patent protection in other countries of the world.

In the next issue we’ll discuss if you can file your own patent application without a lawyer experienced in patent law.