Patents |
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Canada (Federal Law) |
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(Canada)
Firm
Thompson Dorfman Sweatman LLP
Contributors
Silvia De Sousa |
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| Which patent-related international treaty is your country is a member of? | Canada belongs to the following patent-related international treaties:
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| What kinds of protection is available for inventions? | Inventions protections available in Canada include:
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| What kinds of subject matter (as such) are excluded from patent protection? | The following subject matter is excluded from patent protection in Canada:
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| What are the documents and information required for filing a national patent application? | Documents and information required for filing a national patent application in Canada include:
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| Is it possible to request early publication or a deferment of publication? | Yes, it is possible to request early publication or deferment of publication in Canada. |
| Does the applicant have a provisional right upon the publication of an application? | Yes, the applicant has a provisional right upon the publication of an application in Canada. |
| When is it possible to file a voluntary amendment to specification? | It is possible to file voluntary amendments in Canada at the following times:
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| Is it required to file a request for substantive examination? | Yes, it is required to file a request for substantive examination within four years of the filing date in Canada. |
| Is there a third-party opposition procedure upon publication or after grant? | Yes, there is a third-party opposition procedure upon publication or after grant in Canada. |
| What is the time period from application to grant for a straightforward application (no office actions or oppositions)? | The time period from application to grant in Canada is between 2-3 years. |
| Is there any process for accelerated examination of application? | Yes, there is a process for accelerated examination of an application in Canada. |
| To maintain the validity of patent, is it required to pay an annuity in your country? | Yes, it is required to pay an annuity to maintain the validity of a patent in Canada. |
| Is late payment of annuity permissible? | Yes, it is required to pay an annuity to maintain the validity of a patent in Canada, however, a late fee must also be paid. |
| What are the available enforcement methods in your country? | Available enforcement methods in Canada include:
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| Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware? | None identified. |
Patents
Canada (Federal Law)
(Canada) Firm Thompson Dorfman Sweatman LLPContributors Silvia De Sousa
Updated 22 Mar 2021Canada belongs to the following patent-related international treaties:
- Paris Convention
- Patent Cooperation Treaty ("PCT")
- TRIPS
- Strasbourg Agreement on the International Patent Classification ("IPC") system
- Patent Law Treaty ("PLT")
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Inventions protections available in Canada include:
- Inventions
- Utility Models
- Other: Reissue patent, Industrial design
The following subject matter is excluded from patent protection in Canada:
- Methods of medical treatment or diagnosis
- Computer programs
- Business methods
- Other: Scientific principle, abstract theorem, ideas.
Documents and information required for filing a national patent application in Canada include:
- Name and address of the applicant(s)
- Name and address of the inventor(s)
- Specification (description, claims and drawings)
- Abstract
- Other: Formal petition, a biological sequence listing (if applicable), the appointment of patent agent (when required), application fee, a signed small entity declaration (if required), a statement of entitlement.
Yes, it is possible to request early publication or deferment of publication in Canada.
Yes, the applicant has a provisional right upon the publication of an application in Canada.
It is possible to file voluntary amendments in Canada at the following times:
- At the time of entry into the national phase (for PCT application)
- At any time during prosecution
- At the time of requesting examination
Yes, it is required to file a request for substantive examination within four years of the filing date in Canada.
Yes, there is a third-party opposition procedure upon publication or after grant in Canada.
The time period from application to grant in Canada is between 2-3 years.
Yes, there is a process for accelerated examination of an application in Canada.
Yes, it is required to pay an annuity to maintain the validity of a patent in Canada.
Yes, it is required to pay an annuity to maintain the validity of a patent in Canada, however, a late fee must also be paid.
Available enforcement methods in Canada include:
- Civil enforcement
None identified.