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- A patent grants the patentee the exclusive right to make, construct, use and sell an invention for the term of the patent. However, the exclusive nature of this right comes to an end when the patent's term expires, at which point the invention covered by the patent may be freely exercised by the public.
www.smartbiggar.ca/insights/publication/considerations-arising-from-the-expiration-of-patent-protectionConsiderations arising from the expiration of patent protection
A patent is a legal right to prevent others from making, using or selling your invention for up to 20 years in the country or region where your patent is granted. You can patent products, processes, machines, chemical compositions and improvements or new uses of any of these.
- Patents
A list of fees for patent filing, examination, maintenance...
- Patents
- Pct National Phase Entry Requirements
- Canadian Patent Application (Non-Pct) Filing Requirements
- Maintenance Fees
- Examination
- Allowance
- Reinstatement of Abandoned Applications and Reversal of Deemed Expiry
- Transfers
- Correction of Errors
- Other Errors
- Third Party Rights
PCT national phase entry deadline The new Rules place restrictions on the time for entry into the Canadian national phase. If the Patent Cooperation Treaty (PCT) international filing date is on or after October 30, 2019, an application can enter the national phase in Canada up to 42 months from the earliest priority date. However, if the applicatio...
Obtaining a filing date Under the new Rules, the filing fee and an English or French translation of the application are no longer required in order to secure a filing date. If the application is filed on or after October 30, 2019, a filing date will be granted based on a specification filed in a foreign language, without payment of the filing fee. ...
Pending applications In a significant change to Canadian practice, on or after October 30, 2019, anyone can pay a maintenance fee on a pending application. Currently, generally only the Canadian agent can pay a maintenance fee on a pending application. If the original deadline is missed for a maintenance fee due on or after October 30, 2019, CIPO w...
Deadline for requesting examination of an original application Presently, examination must be requested within five years of the PCT international filing date or Canadian filing date. This term is shortened under the new Rules. If the PCT international filing date or Canadian filing date is on or after October 30, 2019, examination must be requeste...
Final (i.e. issue) fee The final fee is due six months from the date of a Notice of Allowance issued before October 30, 2019. This term is shortened under the new Rules, and the final fee is due four monthsfrom the date of a Notice of Allowance issued on or after October 30, 2019. These terms cannot be extended. Excess page fee The excess page fee ...
The reinstatement procedure largely remains the same under the new Rules. In most cases, if a prosecution deadline is missed and an application is abandoned, the application may be reinstated within 12 months of the date of abandonment by: (1) requesting reinstatement; (2) paying a government fee of $200; and (3) taking the action that should have ...
Under the old Rules, an assignment and CAD $100 fee must be submitted to record a transfer. Under the new Rules, after October 30, 2019, a transfer will be recorded at the request of the applicant or patentee upon payment of $100 fee. A transfer will be recorded at the request of the transferee of an application or patent upon submission of evidenc...
The Rules in force prior to October 30, 2019 provide only limited guidance with respect to correction of errors in patent applications or granted patents. Requests are often submitted to correct “clerical” errors under section 8 of the Patent Act, a provision which will be repealed on October 30, 2019. The Canadian courts have held that a clerical ...
Errors by CIPO – Errors made by CIPO in the patent (e.g. owner or inventor name, priority claim) or in the specification or drawings, may be corrected if a request is made not later than 12 months from grant of the patentand if, from the documents that were in the possession of CIPO on date of grant, it is obvious that something other than what app...
The new Rules introduce a system of “third party rights” to practice a patented invention. There are no third party rights to practice a patented invention associated with prosecution deadlines missed before October 30, 2019. But, on or after October 30, 2019, if the applicant or patentee fails to pay a maintenance fee on time, or the applicant fai...
Oct 29, 2019 · Patents can be sold, licensed, or used as an asset when a business is looking for funding. How long does a patent last? A patent is valid for 20 years from the date of filing the application; however, this is conditional on payment of annual maintenance fees.
Oct 30, 2019 · However, a “due care” requirement comes into effect after the expiry of the period specified in the notice or six months after the initial missed deadline, whichever is later. In addition to the “due care” requirement, third party rights may apply during the abandonment period.
Through a patent, the government gives you, the inventor, the right to stop others from making, using or selling your invention from the day the patent is granted to a maximum of 20 years after the day on which you filed your patent application.
Oct 29, 2019 · In the case of an issued patent deemed expired due to non-payment of a maintenance fee and late fee, a reversal of the deemed expiry can be requested but a ‘due care’ showing is required. The deadline for requesting reversal is 12 months after the end of the six-month period after the original anniversary due date.
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Jul 31, 2023 · A Canadian patent grants its owner the exclusive rights to make, use, and sell an invention in Canada, as defined in the claims of the patent, for a period of 20 years from the date of the application. A patent will only be granted for inventions that are new, inventive, and useful and may be obtained for devices, materials, processes and uses.
