Notice to Discontinue Creating Temporary Paper Files and Destroy Some Existing Temporary Files

Background

In June 1997, the Patent Office deployed the TechSource processing system in order to maintain electronic record of all new applications and related incoming correspondence and documents. The scanned pages were stored in a temporary paper file, along with paper copies of outgoing correspondence created from TechSource.

In June 1999, the Patent Office stopped placing paper copies of outgoing correspondence in the temporary paper file. Patent professionals and the public were advised of this initiative by notice in the CPOR, on the Web site, and also at the JLC. At the same time, notification was given that the Patent Office intended to eventually discontinue creating a temporary paper file.

Since June 1999, the Patent Office has investigated the discontinuation of the temporary paper file.

• A sample of issued patents and dead applications was quality checked to determine the completeness and quality of the electronic version compared to the paper version. The electronic version was found to be complete and of good quality.
  
  
• The National Archives has informed the Patent Office that they are interested only in preserving patents of Canadian archival significance (invented by at least one Canadian). The Patent Office expects to have an agreement with The National Archives to start accepting these patents in electronic form, if filed after April 2000. The two parties are also studying the possibility that patents filed under the new Patent Actand granted since June 1997 be transferred to the National Archives in electronic form.
  
  
• The Patent Office has sought legal opinion as to the applicability of the electronic version as being the official version. No legal impediments have been noted that would prevent the Patent Office from following this course of action.

New Procedures

Starting April 1, 2000, the Patent Office will stop placing any newly filed applications, as well as related correspondence and documents, in temporary paper files. The paper will be destroyed after a quality check has been made to ensure that each page has been properly scanned into TechSource. This means that for all applications fully on Techsource, the TechSource version will be the official version of the patent document.

In addition, the Patent Office will systematically destroy the existing temporary paper files for applications that have become abandoned and for which the time for reinstatement has expired (dead applications).