Canadian patents are provided to the first inventor to file an application. If a competing inventor files before you do they will own the patent even if you can prove that you were the first to conceive of the invention. Therefore it is advisable to file Canadian patents as soon as possible without running the risk of omitting essential features from the application. If that happens you may have to reapply later. Advertise, displaying, or publishing information on your invention too soon is also not allowed. You can be excluded from this rule if the disclosure was made by the inventor, or someone who learned of the invention from the inventor, less than one year before filing.
Steps in Obtaining Canadian Patents Protection
Preliminary Searching
Conducting a preliminary search of existing Canadian patents is the most important step. Since it costs money to file for a patent, even if that patent is refused, determining if your invention has ever been patented before can save you much time and money.
Canadian Patents Database Online
Using the Canadian Patents Database Online you can do a preliminary search of Canadian patents bibliographical information and have access to descriptions and image documents on issued Canadian patents since 1920. Also available are all applications published in Canada since October 1989. Search options supported include key words in the title, the name of the inventor, owner or applicant, the international or Canadian Patents Classification, the PCT information, the abstract or claims text. This resource can be found at patents1.ic.gc.ca/intro-e.html
Searching at the Patent Office
The only way to conduct patentability or infringement search on your own, if you do not want to solicit the aid of patent agent or lawyer, is by visiting the Patent Office. Canadian Patents Office staff will not do the search for you, but can direct you and give you useful information.
There are over 1.5 million Canadian patents held at the Patent Office in Place du Portage I, Gatineau, Quebec. Patent documents filed prior to October 1, 1989, are classified according to the Canadian Patents Classification system and Canadian Patents documents filed on or after October 1, 1989, are classified and searchable according to the International Patent Classification (IPC) system. These documents can be consulted on the World Intellectual Property Organization (WIPO) Web site at: www.wipo.int/classifications/en/index.html. The Patent Search Room, in the Client Service Centre, is open from 8:30 a.m. to 4:30 p.m., Eastern Time, Monday through Friday, except on legal holidays.
Full Searching of Canadian Patents Documents using TechSource
TechSource is an electronic patent system that holds the scanned digital image of over 1.5 million patent documents dating back to 1920 and the text version of the documents from 1978. The imaging system enables users to view all parts of Canadian patent documents from workstations. TechSource includes Inquire/Text, a search and retrieval component, which allows the searching of the patent database. This image and text search and retrieval capability is currently available through the Patent Search Room in Gatineau.
About the Author:
Linda Johnson is an author for several Internet magazines, on home and business and products advice subjects.
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