April 6, 2008

Canadian Patent Office

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Canadian Patent Office gives patent to the first inventor to file an application. Even if you can prove that you were the first to conceive of the invention, you can't claim the patent if a...


Canadian Patent Office gives patent to the first inventor to file an application. Even if you can prove that you were the first to conceive of the invention, you can't claim the patent if a competing inventor files at Canadian Patent Office first.

Preparing a Canadian Patent Office application

Application in Canadian Patent office consists of an abstract, a specification and often drawings. The abstract submitted to Canadian Patent Office is a brief summary of the contents of the specification. The specification of Canadian Patent Office includes:
1. a clear and complete description of the invention and its usefulness;
2. claims which define the boundaries of patent protection.

Patent Information Required by Canadian Patent Office

1. Subject-matter of the invention
2. A broad description of the invention.
3. Objectives of the invention–its main practical advantages over existing practices or products.
4. The "preferred practice", that is, the most appropriate use of your invention, giving details of at least one practical application.
5. Features of the invention that is new and distinguish it from what has come before. State these features regardless of whether they may be patented.
6. The scope of the invention–the materials, compositions, conditions, etc., used to obtain good results.
7. Limitations. Can one obtain satisfactory results throughout the given range of the invention, or are there exceptions?
8. Results of laboratory or commercial tests illustrating both preferred practice and the conditions under which one could expect unfavorable or hazardous results.
9. Lists of relevant patents or technical articles you've already found in any literature search, including full details such as name of inventor, number of patent, country and date of issue, or name of periodical and date. Indicate the similarities and differences of practices or products relevant to your invention.
10. An indication of any disclosure you have made.
11. Your name, address and citizenship.
12. All countries in which you would like to file for a patent.

Filing a patent application in Canadian Patent Office means preparing a formal application and asking the Commissioner of Patents to grant you a patent.
To receive an official filing date in Canada, you must submit to the Canadian Patent Office no less than the following:
1. statement that a patent is sought;
2. document describing an invention;
3. name of the applicant;
4. address of the applicant or the applicant's patent agent;
5. prescribed filing fee.

If you do not supply a proper description of the invention, the Canadian Patent Office will not give you a filing date and will return the papers you have submitted and refund the filing fee.

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