Canada is a highly globalized nation, having one of the largest economies and ranking in the top 10 trade nations. Canada is the next stop for innovators looking for protection for their creations. It has a robust financial system, a sophisticated technological sector, and an estimated GDP of trillions of dollars. The patent system is essential to the growth of science and the strength of this technologically advanced country’s economy. Canada offers a compelling research and development incentive, eventually benefiting the innovator and the residents. Canada has a robust patent system and grants inventors monopolies on their creations for a certain time. Strong patent protection in Canada encourages innovators to take the chance and spend the time and money necessary to develop or improve a new product. They are essential tools for companies, researchers, academics, and others who need to stay on top of advancements in their professions since patent documents clearly and precisely describe new aspects of technology.
An application has to be filed at the Canadian Intellectual Property Offices (CIPO) of Innovation, Science and Economic Development Canada; it can be written in English or French. A fulfilled application must include a formal petition, an abstract of the invention, claims to the invention and drawings.
CIPO will issue a filing certificate to the applicant within 3 weeks of receiving it.
After CIPO determines the appropriate technical field following the International Patent Classification (IPC), the application will be published within 18 months. Then the applicant will pay the annual maintenance fee starting from the second filing year.
Besides, the application must be examined by CIPO to decide if the patent should be granted. The applicant must request this process within 5 years of first filing. The examination proceeding time is approximately 14 months; however, a fast-track examination can be requested, and its proceeding time is 3 months.
If the examiner reports minor defects, the applicant can respond by making changes within 6 months. Hence, CIPO will reconsider the application updates in 5 to 9 months.
Allowance and grant of patent
Once the application has been accepted, CIPO will notify the applicant to present a final fee within 6 months from the date of notification.
The patent will be granted within 8 weeks after the official fee has been presented, and CIPO will send the applicant the certificate by mail.
Novelty grace period
A Canadian application must be submitted within 12 months after the earliest public disclosure of the invention made by the applicant or by a third party who learned of the invention directly or indirectly from the applicant to maintain the uniqueness of the invention. After the invention’s 12-month grace period expires, it enters the public domain in Canada.
Within four months of receiving the Notice of Allowance, a grant fee is required to register a patent in Canada. In Canada, patents are valid for twenty years after the filing date. Starting with the second anniversary of the filing date, maintenance payments must be paid in advance, on or before that anniversary. A late payment charge must be paid to make a late payment within two months of receiving formal notification or six months after the due date, whichever comes first.
Utility model protection is not available under Canadian legislation.
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