Patents

Question 1

Why/How do technologically sophisticated nations depend on patents for scientific advancement and economic strength?

Answer 1

Patents protect investments and allow inventors to profit financially from their creativity. Without the possibility of patent protection, many people might not take the risk of investing the time or money needed to create or perfect new products resulting in a stagnant economy.

Question 2

What is the maximum duration of a patent in Canada?

Answer 2

20 years

Question 3

Are Canadian Patents usable as legal protection outside of Canada?

Answer 3

No, Canadian patents only apply in the Canadian marketplace.

Question 4

What do patents cover?

Answer 4

They cover new and useful inventions (product, composition, machine, process) or any new and useful improvement to an existing invention.

Question 5

What are the three basic criteria for patentability?

Answer 5

1) Novelty—To be granted a patent, the invention must be the first of its kind in the world.
2) Utility—A valid patent cannot be obtained for something that does not work or that has no useful function.
3) Inventiveness—To be patentable, your invention must be a new development or an improvement of an existing technology that would not have been obvious to someone working in your area of specialty. The door lock must add an improvement to the field of door locks.

Question 6

What 5 things are patentable?

Answer 6

1) a product (a door lock)
2) a composition (a chemical composition used in lubricants for door locks)
3) a machine (a machine for making door locks)
4) a process (a method for making door locks)
5) an improvement on any of the above

Question 7

What percentage of patents are for improvements on other patented inventions?

Answer 7

90%

Question 8

What is necessary for a patent to be granted?

Answer 8

Thee physical embodiment of an idea.

Question 9

If two inventors come up with the same idea, who gets the patent?

Answer 9

In Canada, patents are granted to the first inventor to file an application.

Question 10

When are patents made public?

Answer 10

Patent applications are generally made public 18 months after filing

Question 11

Why does CIPO share patent information? What is their goal?

Answer 11

One of CIPO’s goals is to make patent information available to Canadian industries, universities and research centres to help them keep abreast of innovations. The information can be especially useful to small and medium-sized businesses because it enables them to conduct their own research easily and inexpensively.

Question 12

Why does an early step of searching the existing patents make sense for an inventor?

Answer 12

This will determine if your invention, or a similar one, has been patented already. If so, there is no need to proceed further.

Question 13

What 5 things can CIPO intellectual property officers help with?

Answer 13

1) IP legislation and regulations
2) procedures for filing
3) fees
4) electronic searching tools (IP databases)
5) our full range of products and services

Question 14

Who are Registered patent agents?

Answer 14

Specialists who must pass a rigorous examination in patent law and practice before being allowed to represent inventors before CIPO

Question 15

Is a registered patent agent required if you are transferring some or all rights of the patent?

Answer 15

By law, when some or all rights are transferred a registered patent agent must be involved in the transfer.

Question 16

What two things does a patent application consist of? What is the potential 3rd item?

Answer 16

1) The abstract is a brief summary of the contents of the specification.

2) The specification is made up of:
- a clear and complete description of the invention and its usefulness; and,
- claims that define the boundaries of the protection that your patent will give you.

3) Inventions that can be illustrated by drawings must be illustrated in your application for a patent. The drawings must clearly show all parts of the invention. The role of the drawings is to clarify the principles of how a device is constructed rather than to provide all of the particular details of dimensions or relative proportions.

Question 17

What four things are required to receive an official filing date? What happens if information has to be resubmitted?

Answer 17

1) an indication that the elements submitted are intended to be an application for a patent;
2) information which allows the applicant to be identified;
3) information which allows the applicant to be contacted ; and
4) a document, in any language, that on the face of it appears to be a description.

A two month window is provided for resubmitting information, if the window is missed the patent is deemed never filed.

The date of official filing is changed to the date of the last document/information was submitted.

Once the application is accepted a number and filing date are provided.

Question 18

Once filed, will the application be reviewed?

Answer 18

Your application will not automatically be examined simply because you have filed it.
You must formally request examination and pay the examination fee. This request must be made within four years of the Canadian filing date

Question 19

Why would you file a patent but not request it be reviewed?

Answer 19

There are several reasons why you might file an application and not automatically request examination. Perhaps you need time to assess the feasibility or marketability of your invention. If so, filing provides some protection for your invention, possibly making your competitors less likely to infringe on it (that is, make, use or sell it) for fear of having to pay retroactive compensation should your patent eventually be granted.
However, if you do not request examination within the four-year period and the reinstatement period has passed, anyone will be able to freely make, use or sell the products or processes described in your application.
Once you have requested examination, be patient! The large number of patent applications that CIPO receives means the examination process may take more than two years.

Question 20

What is prior art?

Answer 20

After your patent application is made available to the public, anyone may raise questions about the patentability of your invention or one of its claims by filing what we refer to as “prior art”—information that might cause the patent examiner to object to one or more of your claims. Prior art can be patents, patent applications that have been open to public inspection, and published material that has a bearing on the case.

Question 21

What is an advanced examination?

Answer 21

An earlier examination of the patent application requiring an extra fee. Often done with time sensitive patents.

Question 22

What is the “Convention priority date”

Answer 22

The filing date of a patent in a country other than Canada.