Expert: Nyall Engfield - 7/20/2009

Question
QUESTION: I have a patent pending here in the US. I am looking to file a patent in Canada. Is this something you can do and what would price be?
Thank you
Leslie

ANSWER: So long as the filing in Canada is within one year of the filing date of the originating application (in this case, the U.S. application), a Canadian patent application can claim priority back to the originating U.S. filing.

At Andrews Robichaud we frequently file Canadian patent applications based on U.S. priority. Our current fee is $650, and the official fee is $400, making the total cost of filing $1050.

Please let us know if we can help you. You can reach us at www.andrewsrobichaud.com.



---------- FOLLOW-UP ----------

QUESTION: Well, I originally filed almost 2 years ago. What would I need to do?
Thanks

Answer
An application filed with the Patent Office is not disclosed by the office until it is published, typically 18 months after filing. Since the inventor can no longer file for a patent more than one year after he causes the invention to be disclosed, the latest an inventor could file in Canada, based on a previously-filed U.S. application, is 30 months after filing in the U.S. This is only if the inventor has not disclosed the invention before publication of the U.S. patent application, and if no one else has disclosed the invention before the filing date of the Canadian application. Whew! There's a lot more to it but that is a nutshell view.

So if you have not disclosed the application already, then you should be able to file with the Canadian Patent Office before the 30-month deadline.