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Share your experiences in the filing of patent applications and pre-filing disclosures

From: Canadian Intellectual Property Office

Current status: Closed

Opened on , and closed on .

About the consultation

The Japan Patent Office (JPO) is conducting an international study, in the context of international discussions on substantive patent law harmonization, to better understand the tensions certain innovators may have between disclosing innovations and filing for patent protection. The target audience is academic institutions, small and medium sized enterprises and startup companies. However, patent agents who represent this audience may provide responses from the perspective of their clients.

Group B+ is a framework of developed countries comprised of IP-related organizations that are aiming to harmonize their systems. As a fellow member of the Group B+, the Canadian Intellectual Property Office (CIPO) is helping solicit feedback from Canadians in the target audience.

A questionnaire has been prepared to assess the target audience's experiences in order to promote discussions in Group B+.

Subject of the questionnaire: The grace period and pre-filing disclosures

In principle, it is not possible in most countries in the world to obtain a patent for an invention that has already been disclosed to the public. Therefore, it is important to file an application before publication of the invention in order to obtain a patent. In some cases, disclosure of an invention at presentations at conferences and exhibitions receive a higher priority than filing of patent application. In some cases disclosure may be accidental or made without understanding the implications. The grace period is a system aimed at making these factors compatible. A grace period enables a patent to be obtained even if the invention has been published prior to one's own patent application being filed.

However, a grace period has the additional effect of making it more difficult for third parties to know whether or not the disclosed invention (e.g. at a conference) will be patented at a later date. In order to balance such effects, various requirements for the use of grace period are imposed in each country.

About Group B+

The Group B+ was established in 2005. Its objective is to promote and facilitate progress on key issues under consideration at the World Intellectual Property Organization (WIPO). Currently, its primary focus is the international harmonization of substantive patent law.

CIPO is a member of the Group B+, as part of our mission to help business compete globally through international cooperation and the promotion of Canada's IP interests.

How to participate

If you'd like to share your views, please contact CIPO at our consultation inbox to express interest and to obtain a link to the survey. In your email, please provide a statement that indicates you are a representative for or in an academic institution, small and medium sized enterprise or startup company.

The survey is available in English and French and you have until Friday, to participate.

Related information

Contact us

If you have any questions regarding this consultation or require further assistance, please do not hesitate to contact our Client Service Centre.

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We thank you for your time and interest.

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