Understanding Patents — The Basics

Purpose of this guide

This booklet explores the two main ways patents assist inventors, business people, and researchers as both a source of protection and a source of information.

Although not a complete text on patent laws or a substitute for professional advice you may need from a registered patent agent, this guide is designed to be your introduction to patents and patenting procedures.

For more detailed information on patenting procedures, consult the Patent Act, Patent Rules, and Manual of Patent Office Practice. In addition, the Client Service Centre can also provide further information.

The glossary gives definitions of terms used in this guide.

Who we are

The Patent Office is a part of CIPO and is responsible for granting patents in Canada. It is directed by the Commissioner of Patents.

CIPO is an agency of Industry Canada. In addition to patents, CIPO is responsible for most other intellectual property rights including trademarks, copyright, industrial designs, and integrated circuit topographies.

The main functions of the Patent Office are to:

receive and examine applications for patents and grant patents to qualifying applicants;

record assignments of patents;

maintain search files of Canadian and other patent documents and a search room for public use in researching patent documents and records; and

publish and distribute patent information.

The Patent Office has several hundred employees, more than half of whom are examiners with extensive technical and legal training. These specialists examine the more than 30 000 requests for examination for patent applications received each year.

In addition, the electronic archives of the Patent Office house the largest collection of technological information in Canada.

Visit CIPO's Website

Wealth of technical know-how

In today's world of rapid-fire technological change, the company with the competitive edge is usually the one tapped into the latest developments in a given field. Often people think only large firms with sophisticated research and development departments can afford to stay abreast of new technology. They are unaware of the gold mine of readily available technical know-how waiting to be used at the Patent Office that is accessible online.

CIPO's website includes useful information about its product lines, services, and legislative changes, and is also the best way to communicate with CIPO. There are five intellectual property guides, including this one on patents, and all are available on the website, along with interactive tools that explain intellectual property.

Visit the Patent section of the website for the following:

instructions on getting started, including a tutorial on how to write a patent application;

access to the Canadian Patents Database, which contains more than 2 million patent documents for you to search, retrieve, and study;

publications, including the Manual of Patent Office Practice and the Canadian Patent Office Record;

legislation, including the Patent Act and Patent Rules;

online and printable forms, including the Petition for Grant of a Patent;

a list of registered patent agents; and

Canadian and international Internet links.

General enquiries

CIPO's Client Service Centre is the central point of contact for clients wishing to communicate with CIPO. The Centre supplies information on a variety of subjects such as procedures for filing patent applications and for registering trademarks, copyright, industrial designs, and integrated circuit topographies.

Intellectual property search information officers provide numerous services, including providing intellectual property (IP) information, answering general enquiries,

...