A statutory requirement since 1892
Patent ProtectionThe owner of a patent has exclusive rights to build and sell the claimed invention. In return for this, the invention must be fully disclosed and made available to the public. A patent lasts 20 years from the day the patent application is filed (provided annual maintenance fees are paid). After a patent has expired, the invention disclosed is open for manufacture by the public, and no further exclusive rights for that invention may be granted.In order to patent an invention, the invention must be new and useful, where 'new' means a unique and non-obvious invention or improvement to a previous invention, and 'useful' meaning functional and operative. Only objects, processes, and chemical compositions may be patented; ideas, theorems, and the like, cannot. Such things as the physical features or attributes of objects, names or phrases, or literary works are the realm of industrial design, trademarks, and copyrights, respectively. Note: A patent is only valid within the country of issue. To assist with international protection, Patent Cooperation Treaties exist between participating countries which allow applicants to effectually apply for a patent in several countries simultaneously.
Note: Canada operates a 'first-to-file' system, as opposed to a 'first-to-invent' system. This means that priority is given to the person who files for the patent, not to the actual inventor. The implications of this are:
Role of the ExaminerIt is the Examiner's job to determine that an invention is indeed unique and has features distinguishing it from similar inventions. An invention may be deemed unpatentable if it is found to be previously disclosed publically, for instance, in another application, in a text book, or trade publication -- such publications are referred to as prior art. Primary research tools include the databases of the Canadian Intellectual Property Office, the US Patent and Trade Office, and the European Patent Office. In addition to determing the novelty of the invention, the Examiner must also ensure the application complies with the Canadian Patent Act, and associated Patent Rules.Once an application has been examined, the results are reported to the applicant. If any objections were made to the application -- lack of novelty, non-compliance with the Act or Rules -- the applicant may amend the application and have the amended application re-examined. When an application is found to fully comply with the Act and Rules, and the invention determined to indeed be new and useful, the application is approved by the examiner and the patent subsequently granted. International Patent ClassificationCanadian patents are classifed according to the International Patent Classification (IPC) system. Because the Patent Branch delegates work to Examiners based on this system, the variety and nature of applications prosecuted by an Examiner is limited to the IPC class(es) assigned to that Examiner.My current responsiblities fall under the following IPC classes: H03K: Pulse Technique (counters, oscillators, pulse counting, etc.) and H05B: Electric Heating and Electric Lighting Not Otherwise Provided For (electric heating, discharge lamps, electroluminescent lighting, etc.)
LinksUseful Guides A Guide To Patents
Legislature, etc. Patent Act
Patent Cooperation Treaty (PCT)
Organizations Canadian Intellectual Property Office (CIPO)
Misc.
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