Annual Report 2007-08

Strategic direction: Client services

• Patents
• Patent Appeal Board
• Trade-marks
• Trade-marks Opposition Board
• Copyrights
• Industrial designs
• Integrated circuit topographies
• Accessible, user-friendly products, services and processes
• Clear, consistent, accurate and comprehensive communications

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Patents

The Patent Branch receives, classifies, examines and processes applications for patents that provide IP rights for a new invention (process, machine, manufacture or composition of matter) or any new and useful improvement of an existing invention.

Patent Branch examiners, who have undergone extensive technical and legal training, are qualified specialists in a range of disciplines. The Branch serves a diverse mix of national and international clients (the public, scientists, business professionals, academics, inventors, patent professionals, research institutes) in a variety of fields, including biotechnology, computers, physics, electrical, mechanical and civil engineering, and chemistry.

In addition to prosecuting nationally filed applications, the Branch receives international applications filed under the Patent Cooperation Treaty (PCT) and establishes international search reports and international preliminary reports on patentability as part of its responsibility as a PCT International Authority. Through its active participation in the Meeting of International Authorities, the Branch effectively contributes to the improvement of the quality and importance of work done by international authorities.

The Branch's archives constitute one of the largest collections of technological information in Canada. The archives' detailed classification system allows members of the public to research Canadian patent documents.

Highlights

In 2007–08, the Patent Branch undertook a comprehensive rewrite of the Manual of Patent Office Practice's Chapter 17 dealing with biotechnology. The public has commented on Chapter 17 and the Branch is in the process of analyzing feedback received. The Commissioner of Patents will issue a final version in the coming months.

In addition, Chapter 12 entitled "Utility and subject-matter" was under review in the Branch throughout much of 2007–08. The chapter is being revised to improve its clarity and to provide more comprehensive guidance on examination practices in respect of determining whether or not claimed subject matter is statutory and useful. The revision process includes both internal and external review. The Branch plans to make the chapter available for public review and comment; those comments will be considered and a final chapter released in 2008–09.

The Branch received 41 321 patent applications and disposed of 33 673 national applications. In continuing with CIPO status as an international searching authority (ISA) and an international preliminary examining authority (IPEA), the Branch also produced 2385 international search reports and 430 international preliminary reports on patentability.

Throughout the year the Patent Branch significantly increased production, reduced TATs and consistently met its deadlines for international processing. However, the Branch did not achieve its year-end target to have 80 percent of all applications with a request for examination waiting less than 24 months. This proved to be a challenge as the target achieved was 72 percent. While the Branch hired 33 new examiners, increasing examination capacity in some disciplines continues to be the biggest challenge in meeting this client commitment. Branch investment in improving office practice and in initiatives such as the Patent Prosecution Highway (PPH) will lead to service improvements in the future.

The regulatory and legislative changes that came into force during the year resulted in several new procedures for the Branch. For example, amendments to the Patent Cooperation Treaty Regulations led to new procedures in the PCT International Unit. These amendments concern the restoration of priority rights, missing parts or elements of the international application, and the rectification of obvious mistakes.

Under the PPH project, an applicant receiving a ruling from either office that at least one claim in an application is patentable may request that the other office fast-track the examination of corresponding claims in corresponding applications.

The Branch continued to consult and communicate effectively with the patent profession through its participation in the Joint Liaison Committee (JLC), a joint committee between CIPO and the patent agents of the Intellectual Property Institute of Canada (IPIC). IPIC recognized the JLC as a model committee and this year based other CIPO/IPIC committees on it which are the JLC–Trade-marks and the JLC–Industrial Designs committees. Together with IPIC, common terms of reference were developed for these committees.

In June 2007, the Canadian PCT Administrators' Roundtable was held at the University of Ottawa and at CIPO headquarters, where some 30 experienced PCT administrators gathered for this second annual meeting, hosted by Canadian law firm Borden Ladner Gervais LLP. They spoke on the PCT process, from the request form to examination and the national phase of filing a patent. Patent Branch employees fielded a wide range of questions about amendments to the Patent Rules that came into effect June 2, 2007. This kind of knowledge-sharing by the Branch with the IP community supports CIPO's commitment to foster the use of the IP system in Canada, as well as the recent Government of Canada science and technology strategy "mobilizing science and technology to Canada's advantage." It pinpoints IP as an important instrument for promoting private sector investment in research and development and advanced technologies in Canada.

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Annual Report 2007-08
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