Improved Canadian Patents Database
A wider variety of patent-specific documents is now available on the Canadian Patents Database (CPD), including the prosecution history of all open to public inspection (OPI) patent applications and granted patents.
This additional information allows Canadian and international innovators, clients and agents to review comprehensive information on Canadian patent documents.
How can I access this information?
All documents in the system prior to June 2015 are retrievable by using the miscellaneous filter under the Documents tab of any patent or OPI patent application on the CPD.
Documents specific to patent applications that were added to the system after June 2015 will be tagged for easy access by the use of a variety of filters under the Documents tab.
List of documents you can now access
Visit the List of published and non-published patent-specific documents on the CPD page.
I think a patent application is not new or inventive. How will access to this new information help me in this situation?
Under section 34.1 of the Patent Act, any person may provide prior art to the Canadian Intellectual Property Office (CIPO) regarding an application. Any third party that believes a claimed invention is not new or inventive may file prior art in support of the third party's observation, once an application is laid open.
Prior art may include:
- patent applications open for public inspection; or
- any document that may have a bearing on the patentability of any claim in a patent application.
How can you file prior art?
- Explain why the prior art is pertinent;
- Expect to receive an acknowledgement from CIPO; and
- Access the prosecution file of the application at the time the file is open to public inspection to get the latest information.
What will happen?
The request will:
- become part of the laid-open application file;
- be available to the public;
- be considered by the examiner after the examination has been requested; and
- be taken into account, if it is found to be pertinent by the examiner, and will be used during prosecution.
In addition, the applicant is notified that your submission of prior art has been made.
Filings of prior art requesting confidentiality will be returned to the sender and will not be considered by the examiner.
In the event the application is of Patent Cooperation Treaty (PCT) origin and has not yet entered the national phase in Canada, CIPO will retain the third-party submission until the date for late national entry in Canada has passed.
For more information please refer to the Manual of Patent Office Practice, chapter 18.
How CIPO shares patent information with international offices
CIPO now shares its search and examination reports with the World Intellectual Property Office (WIPO) through its Centralized Access to Search and Examination (CASE) system with the five largest patent offices in the world.
Sharing search and examination reports on the CASE system provides other intellectual property (IP) offices with access to Canadian information which increases international cooperation and reduces the time of examination.
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