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No government fee is required for claiming priority in either case.In order for a request for priority to be timely, the request must be made and the Canadian Patent Office generally must be informed of particulars of the priority applications—filing date, country of filing and application number—within sixteen months of the filing date of the earliest priority application.

Concluding Remarks All told, while the requirements for claiming priority in Canada and the U. are similar, there are important differences, particularly regarding formalities, that may affect filing strategy and the citability of prior art.A prior art reference need not be directed to the claimed point of novelty in order to be analogous.Here, for example, prior art directed to the ordering of menu items was found to be analogous to the claimed prioritization of location-based search results because both were more broadly directed to interface design.In any event, for an applicant to be entitled to priority from an earlier filed application, the filing date of the Canadian application claiming priority must be within twelve months of the filing date of the earlier application.Notably, the interaction of these two time periods means that a decision about priority need not be made at filing as the applicant will always have at least four months before all priority claims must have been requested.

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