FAQ on Patents

Before filing an application

  1. What is a patent?
  2. Why obtain a patent?
  3. Is a patent application mandatory?
  4. How do I apply for a patent?

Searching

  1. What is the Canadian Patent Office Record (CPOR)?
  2. Can the Patent Office conduct searches for clients?
  3. What are the benefits of conducting a patent search?
  4. How do I search for a patent that was granted before 1920?

Filing an application and other documents

  1. What is included in a complete patent application?
  2. What is the time frame to complete an application?
  3. What is a divisional application?
  4. How can a non-resident file a Canadian patent? and When is it necessary to appoint a representative for service?
  5. What if I apply for a patent in Canada but do not apply in other countries?
  6. How do I file a PCT international patent application?
  7. How do I withdraw a PCT interbational patent application?

Classification

  1. What is the aim of a classification?
  2. When did the Patent Office start using the International Patent Classification (IPC) and what is the significance of its term structure?
  3. 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

  1. What is convention priority?
  2. What information must be provided in order to request priority?
  3. What is the deadline for requesting priority?
  4. Can I withdraw a request for priority?
  5. What is the time limit for requesting priority under the Paris Convention?
  6. Can a US provisional application serve as a basis for claiming priority for a Canadian application?
  7. Can I request priority based on the filing of an international patent application?

Availability to Public

  1. How long do international applications remain confidential or when are international applications opened to public inspection?
  2. Can applications be opened to public inspection prior to the expiry of the confidentiality period?

Examination

  1. What is a patent examination?
  2. What information must be included in a request for examination?
  3. How is a divisional application dealt with after requesting examination?
  4. What is required for a request for advanced examination under section 28 of the Patent Rules to be granted?
  5. What should be inculded in a request for advanced examination?
  6. Can you request advanced examination for an incomplete application?
  7. What parts of the patent application are reviesed by the examiner?
  8. What does the examiner's report reveal?
  9. What happens if the only objection raised by the examiner is related to the abstract?
  10. How do I respond to an examiners report?
  11. What happenes if I fail to respond to an examiner's report?
  12. What role do prior art citations from foreign prosecution play during examination?
  13. Is there a deadline for filing a protest against the grant of a patent?

Assignments

  1. What is registration and what types of proof does CIPO require to register a document?
  2. Which documents can be registered?
  3. What is required to proceed with registering a transfer?
  4. Can registrations of assignments be corrected?

Fees

  1. What is the definition of "small entity"
  2. Is it possible to extend the deadline to pay a maintenance fee?
  3. What action is required to maintain a patent if the required maintenance fee is not paid before the deadline?
  4. What happens if I don't pay the late payment fee and associated maintenance fee for my patent on time?

Agents

  1. Is it possible to file an application under a company without having to hire a patent agent?
  2. Why should I hire a patent agent and what are his/her responsibilities?
  3. Where can I find a registered patent agent?
  4. When is it necessary to appoint an associate patent agent?
  5. What can I do if I feel my patent agent has not acted professionally?
  6. How do I become a patent agent?
  7. How can we change the name/title of our firm on all patents and patent applications managed by our firm?
  8. How can I get my name added to or removed from the registered patent agent list?
  9. 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

  1. How can I request publication of my patent in the Canadian Patent Office Record (CPOR)?
  2. What should a patentee do in case of perceived infringement?
  3. Can I take legal action in case of infringement in Canada and in other countries?
  4. Can I take legal action where infringement has occurred between the OPI date and the grant of a patent?
  5. Can the Patent Office comment on the validity and interpretation of issued patents?
  6. 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

  1. How does one send electronic correspondence to the Patent Office?
  2. How is the mail intended for the Patent Office date stamped?

Other

  1. Can CIPO provide funding to private inventors or SMEs?
  2. What is the role of the Patent Appeal Board?

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