August 22, 2008
Canadian Patents
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Canadian patents are given to the first inventor to file an application. Even if you can prove that you were the first to conceive of the invention, you lose the race if a competing inventor... |
Canadian patents are given to the first inventor to file an application. Even if you can prove that you were the first to conceive of the invention, you lose the race if a competing inventor files before you do. It is therefore advisable to file Canadian patents as soon as possible. But not too soon or you might run the risk of omitting essential features from the application. You may need to reapply later. You cannot also advertise, display or publish information on your invention too soon. You can be excluded from this rule if the disclosure was made by the inventor, or someone who learned of the invention from the inventor, less than one year before filing.
Steps in Obtaining Canadian Patents Protection
The preliminary search
Preliminary search of existing Canadian patents is the most basic search. This will determine if your invention has ever been patented before. Knowing this beforehand can save you much time and money.
Canadian Patents Database Online
You can do a preliminary search of Canadian patents bibliographical information and have access to descriptions and image documents on issued Canadian patents since 1920. Applications published in Canada are also available since October 1989. Searches can be conducted using key words in the title, the name of the inventor, owner or applicant, the international or Canadian Patents Classification, the PCT information, the abstract or claims text at http://patents1.ic.gc.ca/intro-e.html
Searching at the Patent Office
If you do not want to solicit the aid of patent agent or lawyer, the only way to conduct patentability or infringement search on your own is by visiting the Patent Office. Canadian Patents Office staff can direct you and give you useful information but will not do the search for you.
The Patent Office in Place du Portage I, Gatineau, Quebec, holds over 1.5 million Canadian patents. Patent documents filed prior to October 1, 1989, are classified according to the Canadian Patents Classification system. Canadian Patents documents filed on or after October 1, 1989, are classified and searchable according to the International Patent Classification (IPC) system. These documents can be consulted on the World Intellectual Property Organization (WIPO) Web site at: http://www.wipo.int/classifications/en/index.html The Patent Search Room, in the Client Service Centre, is open from 8:30 a.m. to 4:30 p.m., Eastern Time, Monday through Friday, except on legal holidays.
Full Searching of Canadian Patents Documents using TechSource
TechSource is an electronic patent system which holds the scanned image of over 1.5 million patent documents dating back to 1920 and the text version of the documents from 1978. The imaging system enables users to view all parts of Canadian patents document from work stations. TechSource includes a search and retrieval component, called Inquire/Text which allows the searching of the patent database. This image and text retrieval capability is currently available at the Patent Search Room in Gatineau.
Recommended Reading
- Canadian Patent Office
- Patent Research
- U.S. Patents
- United States Patents
- Patents for Inventions
