A Guide to Patents: Introduction

Patents fuel progress
Purpose of this guide
Who we are
Visit CIPO's Web site
Searching

Patents fuel progress

Where would we be without patents? At a more primitive stage of industrial development, without a doubt. Technological progress and economic strength in modern industrialized nations — and Canada is no exception — depend greatly on the patent system both at home and abroad.

Patents offer inventors monopolies on their creations for specific periods, and thus provide incentives for research and development. Without the possibility of patent protection, many people might not take the risks or invest the time and money involved in devising and perfecting new products. Our society would be deprived of thousands of innovations, from the proverbial better mousetrap to new medicines, communications systems, energy sources, and so on. And without new products the economy would quickly stagnate.

But patents do more than keep creative wheels spinning. They are also a means of technological exchange. Each patent document describes a new aspect of a technology in clear and specific terms and is available for anyone to read. They are made public specifically to promote the sharing of knowledge. As such, they are vital resources for businesses, researchers, inventors, academics and others who need to keep up with developments in their fields.

Purpose of this guide

This booklet explores the two main ways patents may be important to you the inventor, business person or researcher — as a source of protection and of information. The guide is designed to be your introduction to patents and patenting procedures, and to outline how you can use the resources of the Patent Office to further your business or research venture.

It is not, however, a comprehensive text on patent laws (these are available in many libraries). Nor is it a substitute for the professional advice you may need from a registered patent agent to assist you in protecting your invention.

For more detailed information on patenting procedures, consult the Patent Act, Patent Rules and Manual of Patent Office Practice (MOPOP).

The glossary gives a definition of the terms used in this Guide.

Who we are

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

The role of the Patent Office in granting patents is to acquire and disseminate technological information and to encourage the creation, adoption and exploitation of inventions.

The Patent Office is part of the Canadian Intellectual Property Office (CIPO), an agency of Industry Canada. CIPO is responsible not only for patents, but for all intellectual property rights including trade-marks, copyrights, 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 foreign patent documents and a search room for public use in researching patent documents and records; and
• publish and disseminate patent information.

The Patent Office has approximately 550 employees, about 350 of whom are examiners with extensive technical and legal training. These specialists in various fields of invention examine some 30 000 requests for examination for patent applications which are received each year.

The archives of the Patent Office constitute the largest collection of technological information in Canada. A detailed classification system helps people retrieve this information.

Visit CIPO's website

CIPO's website includes useful information about its product lines, services and legislative changes. The five intellectual property guides are available, as are interactive tools that explain intellectual property in an enjoyable way.

Searching

You can either do a preliminary search of patent documents via the Canadian Patents Database on the Internet or do a full search using the TechSource automated system.

Find out about the new patent electronic services.

You will also find a tutorial on writing a patent application.

A Guide to Patents
| Table of Contents | Patent Protection |
| Patent Information | Appendix I - Format of the Application |
| Appendix II - Filing an Application | Glossary |