Where Do Canadians Patent? Implications for Canada's Optimal Patent Regime.

This article analyzes the global patenting behavior of Canadian inventors using the PATSTAT Global database, which includes filings from over 90 patent offices worldwide. It finds that nearly three-quarters (73.5%) of Canadian inventions are filed in the United States, with 55.9% filed in Canada and 24.7% at the European Patent Office (EPO). Inventions filed only in Canada tend to be of lower quality, concentrated in low-technology and less R&D-intensive industries such as natural resources and energy. The Canadian Intellectual Property Office (CIPO) is among the most selective patent offices, granting only 42.3% of filings, which is comparable to the EPO but significantly lower than the U.S. Patent and Trademark Office (USPTO). The findings suggest that Canadian inventors derive most patent-related innovation incentives from foreign jurisdictions, implying that Canada might benefit from adopting a more minimal patent regime while maintaining international obligations.