I have a patent pending in Canada as of August 2013. If I sell the product (relating to the patent pending) in Canada or the USA, can I still get a patent in the USA? If so, could I still get one under the PCT (if I apply within one year of the original patent filing date)?
ANSWER
Yes, provided to take the necessary steps no later than the one year anniversary of the filing of your first patent application for the invention, you can claim priority to this first application in a PCT or regular national or other regional filing.
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Dr Patentsteins' Tips
When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner | Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation | After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim |
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