CAN AN INVENTOR FILE A PATENT APPLICATION IN CANADA AFTER FILING IN THE UNITED STATES?

Yes.  However, the filing of the patent application in Canada must be within one year of first public disclosure.  To claim priority based on a previously filed United States patent application, the Canadian patent application must be filed within one year of the U.S. filing.  Also, a Canadian agent must be designated at the time of filing.  The Canadian agent is designated to receive correspondence from the Canadian Intellectual Property Office.  The format of the Canadian application is similar to the United States format, so there is usually no changes that have to be made prior to filing.

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CAN AN INVENTOR OBTAIN BOTH A DESIGN PATENT AND A UTILITY PATENT FOR THE SAME INVENTION?

Yes.  In general terms, a "utility patent" protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an article includes its shape/configuration or surface ornamentation applied to the article, or both. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.

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