FAQ on Patents
- Before filing an application
- Searching
- Filing an application and other documents
- Classification
- Priority Claims
- Availability to Public
- Examination
- Assignments
- Fees
- Agents
- After a patent is granted
- Corresponding with the Patent Office
- Other
Before filing an application
- What is a patent?
- Why obtain a patent?
- Is a patent application mandatory?
- How do I apply for a patent?
Searching
- What is the Canadian Patent Office Record (CPOR)?
- Can the Patent Office conduct searches for clients?
- What are the benefits of conducting a patent search?
- How do I search for a patent that was granted before 1920?
Filing an application and other documents
- What is included in a complete patent application?
- What is the time frame to complete an application?
- What is a divisional application?
- How can a non-resident file a Canadian patent? and When is it necessary to appoint a representative for service?
- What if I apply for a patent in Canada but do not apply in other countries?
- How do I file a PCT international patent application?
- How do I withdraw a PCT interbational patent application?
Classification
- What is the aim of a classification?
- When did the Patent Office start using the International Patent Classification (IPC) and what is the significance of its term structure?
- How can I limit my search to one specific subject matter when doing a search? and How do I conduct a patent search?
Priority Claims
- What is convention priority?
- What information must be provided in order to request priority?
- What is the deadline for requesting priority?
- Can I withdraw a request for priority?
- What is the time limit for requesting priority under the Paris Convention?
- Can a US provisional application serve as a basis for claiming priority for a Canadian application?
- Can I request priority based on the filing of an international patent application?
Availability to Public
- How long do international applications remain confidential or when are international applications opened to public inspection?
- Can applications be opened to public inspection prior to the expiry of the confidentiality period?
Examination
- What is a patent examination?
- What information must be included in a request for examination?
- How is a divisional application dealt with after requesting examination?
- What is required for a request for advanced examination under section 28 of the Patent Rules to be granted?
- What should be inculded in a request for advanced examination?
- Can you request advanced examination for an incomplete application?
- What parts of the patent application are reviesed by the examiner?
- What does the examiner's report reveal?
- What happens if the only objection raised by the examiner is related to the abstract?
- How do I respond to an examiners report?
- What happenes if I fail to respond to an examiner's report?
- What role do prior art citations from foreign prosecution play during examination?
- Is there a deadline for filing a protest against the grant of a patent?
Assignments
- What is registration and what types of proof does CIPO require to register a document?
- Which documents can be registered?
- What is required to proceed with registering a transfer?
- Can registrations of assignments be corrected?
Fees
- What is the definition of "small entity"
- Is it possible to extend the deadline to pay a maintenance fee?
- What action is required to maintain a patent if the required maintenance fee is not paid before the deadline?
- What happens if I don't pay the late payment fee and associated maintenance fee for my patent on time?
Agents
- Is it possible to file an application under a company without having to hire a patent agent?
- Why should I hire a patent agent and what are his/her responsibilities?
- Where can I find a registered patent agent?
- When is it necessary to appoint an associate patent agent?
- What can I do if I feel my patent agent has not acted professionally?
- How do I become a patent agent?
- How can we change the name/title of our firm on all patents and patent applications managed by our firm?
- How can I get my name added to or removed from the registered patent agent list?
- How can a patent agent who is registered in a foreign country have his name placed on the Patent Agent Register?
After a patent is granted
- How can I request publication of my patent in the Canadian Patent Office Record (CPOR)?
- What should a patentee do in case of perceived infringement?
- Can I take legal action in case of infringement in Canada and in other countries?
- Can I take legal action where infringement has occurred between the OPI date and the grant of a patent?
- Can the Patent Office comment on the validity and interpretation of issued patents?
- Who can use, sell or manufacture the invention disclosed in my patent if I dont pay the late payment fee and associated maintenance fee on time?
Corresponding with the Patent Office
- How does one send electronic correspondence to the Patent Office?
- How is the mail intended for the Patent Office date stamped?
Other
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