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Canada’s ‘’Sister” Prior Art Law Differs From Ours, Eh!

Canada’s ‘’Sister” Prior Art Law Differs From Ours, Eh!
Wednesday, October 30, 2013

I recently received a well-written post from Smart & Biggar/Feherstonhaugh in Toronto reminding me that a publication by the inventor only shields a later third-party publication from being a bar if the second publication was derived from the inventor and a Canadian application – not a U.S. application—is filed by the inventor within a year of the inventor’s publication

.Canada art law

This is not the same as the AIA provisions that allow a publication by the first inventor to avoid the prior art effect of a second publication of the invention, made by a third-party, so long as the first inventor files anywhere within a year of his/her publication.

You can find the entire post here.

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