A Guide to Patents - Glossary (Page 10 of 10)
A Guide To Patents (PDF - 5 MB - 40 pages)
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A
- Abstract
- A brief summary of an invention.
- Abuse of patent rights
- Abusing one's patent rights by failing to make one's invention available in Canada on a commercial scale, without adequate reason.
- Advanced examination
- A request to the Patent Office for early consideration of a patent application.
C
- Canadian Patents Database
- You can now do a preliminary search of patent bibliographical information and view images for issued patents (1869 to date) and applications made public in Canada since October 1989 via the CIPO website.
- Canadian Patent Office Record (CPOR)
- A journal published by the Patent Office.
- Claims
- That part of a patent that defines the boundaries of patent protection.
- Compulsory licence
- The right granted by the Commissioner of Patents to one or more parties to produce a patented invention. These are granted, under certain circumstances, as a measure against abuse of patent rights.
- Convention priority
- An arrangement which allows inventors interested in applying for a foreign patent to have their filing date in one country recognized by other countries that have signed an international agreement called the Paris Convention.
- Copyright
- Provides protection for literary, artistic, dramatic or musical works (including computer programs), and three other subject matter known as: performance, sound recording, and communication signal.
D
- Drawings
- Part of the patent application referring to technical drawings that illustrate the invention.
E
- Examination of an application
- The process by which the Patent Office determines whether a patent application warrants the granting of a patent.
F
- Filing date
- The date a patent application is received by the Patent Office.
- Filing a patent application
- Presenting a formal application for a patent to the Patent Office.
- First to file
- A patent system in which the first inventor to file a patent application for a specific invention is entitled to the patent. In Canada and in most other countries, the first person to file has priority over other people claiming rights for the same invention.
I
- Industrial design
- The visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture.
- Integrated circuit topography
- The three-dimensional arrangement of the electronic circuits in integrated circuit products or layout designs.
- Intellectual property
- A form of creative endeavour that can be protected through a patent, trade-mark, copyright, industrial design or integrated circuit topography.
L
- Licensing an invention
- Allowing a business or individual to manufacture and sell an invention, usually in exchange for royalties.
P
- Patent
- A government grant giving the right to exclude others from making, using or selling an invention. A Canadian patent applies within Canada for 20 years from the date of filing of a patent application. The patent application is available to the public 18 months after filing.
- Patent Cooperation Treaty (PCT)
- An international treaty providing for standardized filing procedures for foreign patents in the countries that have signed the Treaty.
- Patent examiner
- An official with technical expertise charged with the task of classifying a patent or an application, or of determining whether a patent application fulfils the requirements for a grant of patent.
- Patent infringement
- Making, using or selling an invention on which a patent is in force without the inventor's permission.
- Patent Office
- Canada's patent granting authority and disseminator of patent information.
- Patent Office action
- An official written communication by the Patent Office on the merits of an application.
- Patent pending
- A label sometimes attached to new products informing others that the inventor has applied for a patent and that legal protection from infringement (including retroactive rights) may be forthcoming.
- Patent search
- A review of existing patents. Patent searches are conducted to determine whether an applicant can claim rights to an invention, or whether a patent has already been issued to someone else on the same or a similar invention. Patent infringement searches are made to ascertain whether a product or process can be produced without having to get permission or pay a royalty. Patent searches are also used as a form of research to gain information on existing technology.
- Preferred embodiment
- An explanation, in a patent application, of the most appropriate and useful practical applications of an invention.
- Prior art
- The body of existing patents or patent applications or any other publication throughout the world, relevant to an application or a patent.
- Prosecution
- All the steps involved in following through on a patent application.
R
- Registered patent agent
- A specialist entitled to prepare and prosecute patent applications.
S
- Small entity
- Small entities are defined as employing 50 or fewer employees and universities — but does not include an entity that is controlled directly or indirectly by an entity, other than a university, that employs more than 50 employees.
- Specification
- Part of the patent application. It includes a detailed description of the invention, claims specifying the aspects of the invention for which protection is sought, and the extent of the protection being sought.
T
- TechSource
- An electronic patent system which holds the scanned image of over 1.5 million patent documents dating back to 1869 and the text version of the documents from 1978.
- Trade-mark
- A word, symbol or design (or any combination of these features) used to distinguish the wares and services of one person or organization from those of others in the marketplace.
- Trade secret
- Information about a product or process kept secret from competitors.