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1. ised-isde.canada.ca › site › canadian-intellectualEpisode 28: How to apply for a patent in the U.S. and other ...

   ised-isde.canada.ca › site › canadian-intellectual

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   So, basically you would have a first U.S. provisional and then 12 months later you will file a P.C.T., and then after 30 months from the provisional, you will need to decide in what countries you want to pursue protection by entering national phase, so converting your P.C.T. into regional patents.

2. www.uspto.gov › patents › basicsPatent essentials | USPTO - United States Patent and ...

   www.uspto.gov › patents › basics

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   • What Is Intellectual Property?
   • What Is A Patent?
   • How Long Is A Patent valid?
   • What Can Be Patented?
   • Who May Apply For A Patent?
   • What About Foreign Applicants For U.S. Patents?

   IP is creative works or ideas embodied in a form that can be shared or enable others to recreate, emulate, or manufacture them. Patents, trademarks, copyrights, and trade secrets are different types of IP. The USPTO grants patents and registers trademarks, while copyrights are registered by the U.S. Copyright Office(link is external)at the Library ...

   See full list on uspto.gov

   A U.S. patent gives you, the inventor, the right to “exclude others from making, using, offering for sale, or selling” an invention or “importing” it into the U.S. A plant patent gives you additional rights on the “parts” of plants (e.g., a plant patent on an apple variety would include rights on the apples from the plant variety). What is granted ...

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   Utility and plant patents have a term for up to 20 years from the date the first non-provisional application for patent was filed. A design patent is granted for a term of 15 years from the date of grant. You will need to pay maintenance fees on a certain schedule after the utility patent is issued in order to keep it in force. Under certain unusua...

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   Legally, a utility patent may cover “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” A design patent may cover “any new, original, and ornamental design for an article of manufacture,” and a plant patent may cover a “distinct and new variety of plant, including cultivated sport...

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   You (the inventor) or your legal representative may apply for a patent, with some exceptions. These include if the inventor has died, is legally incapacitated, refuses to apply, or cannot be found. Two or more people inventing something together may apply for a patent as joint inventors. A person (e.g., a company) to whom an inventor has assigned a...

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   You may apply for a U.S. patent whether you’re a U.S. citizen or not. No U.S. patent can be issued if, before you apply in the United States, the invention was patented abroad by you or your legal representative and if the foreign application was filed more than 12 months before the U.S. filing. Six months are allowed in the case of designs. Foreig...

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3. uspto.report › foreign-applicants-for-u-s-patentsForeign Applicants for U.S. Patents - USPTO.report Resources

   uspto.report › foreign-applicants-for-u-s-patents

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   Jun 24, 2020 · The patent laws of the United States make no discrimination with respect to the citizenship of the inventor. Any inventor, regardless of his or her citizenship, may apply for a patent on the same basis as a U.S. citizen. There are, however, a number of particular points of special interest to applicants located in foreign countries.

4. www.avvo.com › legal-answers › do-you-have-to-be-aDo you have to be a US. Citizen, to be permitted to file ...

   www.avvo.com › legal-answers › do-you-have-to-be-a

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   May 18, 2015 · The gist of the foreign filing license rule is this: A foreign filing license is required to file a patent application in a foreign country, if the foreign filing is made within 6 months of the US patent app filing. Every US patent application is considered to include a request for a foreign filing license.

5. www.uspto.gov › patents › basicsApplying for Patents | USPTO - United States Patent and ...

   www.uspto.gov › patents › basics

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   The term of a plant patent is 20 years from the application filing date in the United States, or if the application contains a specific reference to an earlier-filed application under 35 U.S.C. 120, 121 or 365(c), from the date the earliest such application was filed. The filing and issue fees on plant applications can be found in the fee ...

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7. www.the-business-of-patents.com › foreign-applicantsForeign Applicants for U. S. Patents - The Business of Patents

   www.the-business-of-patents.com › foreign-applicants

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   The answer is pretty straightforward - yes. The patent laws of the United States make no discrimination with respect to the citizenship of the inventor. Any inventor, regardless of his/her citizenship, may apply for a patent on the same basis as a U.S. citizen. Having said that there are a number of items that must be adhered to if you are an ...

8. atmac.ca › patenting-canada-vs-united-statesPatenting in Canada vs. the United States - ATMAC Patent Services

   atmac.ca › patenting-canada-vs-united-states

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   Jan 1, 2024 · ATMAC Jan 1, 2024. Although the Canadian patent regime has many similarities with that of its southern neighbor, it can be helpful to understand where the two countries differ. This white paper explains several key differences and provides tips for persons already familiar with patenting in the United States to maximize effectiveness when ...

9. People also ask

   Can I apply for a patent if I'm a US citizen?

   • You may apply for a U.S. patent whether you’re a U.S. citizen or not. No U.S. patent can be issued if, before you apply in the United States, the invention was patented abroad by you or your legal representative and if the foreign application was filed more than 12 months before the U.S. filing. Six months are allowed in the case of designs.

   Patent essentials | USPTO - United States Patent and Trademark Office

   www.uspto.gov/patents/basics/essentials

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   Can an inventor apply for a patent if he is a US citizen?

   • The patent laws of the United States make no discrimination with respect to the citizenship of the inventor. Any inventor, regardless of his or her citizenship, may apply for a patent on the same basis as a U.S. citizen. There are, however, a number of particular points of special interest to applicants located in foreign countries.

   Foreign Applicants for U.S. Patents - USPTO.report Resources - US Pat…

   uspto.report/resources/basic-patent-guide/foreign-applicants-for-u-s-patents/

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   Can I get a US patent if my invention was patented abroad?

   • You can shop around for an attorney/agent who practices before the patent office at this link. No U.S. patent can be obtained if the invention was patented abroad before applying in the United States by the inventor or his/her legal representatives if the foreign application was filed more than 12 months before filing in the United States.

   Foreign Applicants for U. S. Patents - The Business of Patents

   www.the-business-of-patents.com/foreign-applicants.html

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   How do you apply for a patent in the United States?

   • The application for patent in the United States must be made by the inventor and the inventor must sign the oath or declaration (with certain exceptions), differing from the law in many countries where the signature of the inventor and an oath of inventorship are not necessary.

   Foreign Applicants for U.S. Patents - USPTO.report Resources - US Pat…

   uspto.report/resources/basic-patent-guide/foreign-applicants-for-u-s-patents/

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   Can a foreign applicant apply for a patent?

   • For a declaration, the ribboning procedure is unnecessary, and the representative does not need to appear before an official. Foreign applicants may be represented by any patent attorney or agent registered to practice before the USPTO. How do I apply for a patent?

   Patent essentials | USPTO - United States Patent and Trademark Office

   www.uspto.gov/patents/basics/essentials

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   Should I file a patent application in Canada?

   • For applicants that are only planning to file a patent application in the United States, consider also filing a corresponding application in Canada without requesting examination. Very little initial investment is required to preserve patent rights in Canada.

   Patenting in Canada vs. the United States - ATMAC Patent Services

   atmac.ca/patenting-canada-vs-united-states

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