Intellectual Property : Patents

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Academic Papers

From France, an extremely useful tool for obtaining acceptable copies of scientific papers for Information Disclosure Forms... FreeFullPDF

Differences Between Canadian and US Applications

Some of the features of a Canadian patent application:
No inclusion by reference
Single actor in each claim
Any number of claims
Formal drawings
Examination can be requested up to 5 years from Canadian filing date
More information

Filing Fees

Canada, for a small entity (<50 employees): $750
Includes delayable $400 examination fee and first three years' maintenance at $50 per year.
CIPO Patent Fees

Libraries

British Library, with over 56 million items... British Library Catalogue

Margins

Clockwise, from left, in cm, minimum margins:

Canada drawings: 2.5, 2.5, 1.5, 1 CIPO drawing margins
Canada specification: 2.5, 2, 2, 2 CIPO text margins

USPTO drawings: 2.5, 2.5, 1.5, 1; docket no. may be in top margin; page numbering format n/N in drawing area USPTO 1.84
USPTO specification: 2.5, 2, 2, 2 USPTO 1.52

PCT drawings (A4): 2.5, 2.5, 1.5, 1; page numbering n/N at top of drawing area
PCT specification (A4): 2.5, 2, 2, 2; page numbers in text area
PCT drawings (where letter size accepted): 2.8, 1.6, 1.8, 0.5
PCT spec (letter): 2.8, 1.6, 2.3, 1.1
See page 37 of PCT Guidelines

One-Year Periods

One year priority right - Within one year from first filing a patent application, patents can be applied for in other countries.
Priority Right, Wikipedia

One year grace period - Within one year from first disclosing an invention to the public, or using an invention in public, patents can be applied for in the US, Canada and Australia. Japan has a 6 month grace period. Europe and many other countries don't have a grace period, and so you can lose your right to file in some countries if you make use of the grace period in others.
Grace Periods

One year on-sale bar - A US patent cannot be applied for more than one year after an invention is sold, even though it may be a private sale or the details of the invention may be hidden. In Canada, only sales that reveal details of the patent application would count, even though reverse engineering may be required.
2133.03, MPEP

One year provisional - A provisional patent application expires one year after filing, but within that year further patent applications may be made that claim priority from it.

Patent Term

For utility patents, it is 20 years from the filing date of a non-provisional application, or 20 years from the international filing date of a PCT application. This means that if a provisional patent application is filed first, or priority is claimed from another national patent application, the patent term may expire up to 21 years from the priority date.

PCT Countries

There are over 140 countries party to the Patent Cooperation Treaty.
PCT Contracting States, WIPO
Notable exceptions are Argentina, Taiwan and Saudi Arabia.

PCT Timeline

Within one year of priority - File PCT. This is the International Filing Date.
9 months from filing without priority, or 16 months from the priority date - ISR (International Search Report) issued
Within 2 months of ISR, or 22 months from priority - Optionally, amend claims and submit explanation
18 months from priority - Publication
19 months from priority - Request supplemental search if required
20 months from priority - File in LU, TZ and UG if examination not requested
22 months from priority - Optionally demand examination, amend application and present arguments
28 months from priority - IPRP (International Preliminary Report on Patentability) and SISR (Supplementary ISR) are issued
30 months - National phase. 31 months for Europe and some other countries. Can be delayed to 42 months for Canada.

Search Engines

Search US patents and applications, European patents and applications, Japanese patent abstracts, PCT applications and download full patent pdf's for free... Free Patents Online

The official US Patent Office search site for patents, applications, trademarks and assignments... USPTO Search

Canadian Intellectual Property Office search engine... CIPO/OPIC

Japan. For searching Japanese patent abstracts click the PAJ link... Japan IPDL

European patent databases... EPO Search

Australian patent database... AusPat

PCT search at WIPO... WIPO

Contact

Tel. +1 604 781 4825
Fax +1 815 550 1244
 


© Valuetech 2002-11. Valuetech Intellectual Property: Patents in Vancouver & Lower Mainland BC, Canada & Worldwide
Information on this site is given "As is"; it may not be accurate, complete or timely; and is not legal advice.
Last updated Jan 2012.  Registered as Valuetech Consulting Inc.