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Patent Cooperation Treaty. However, as practices and rules may change, the only authentic sources of information on requirements are the laws, rules and regulations of each state. Intellectual property offices inform applicants of the services provided by licensed patent agents.
Patent agents have expert knowledge and experience that you can use during the preparation and prosecution of your patent applications The College of Patent Agents and Trademarks Agents' website provides a list of licensed patent agents who can represent you before the Canadian Patent Office.
You are entitled to file an international patent application if you are a national or resident of one of the PCT contracting Member states.
If there are several applicants named in the international application, only one of them needs to comply with this requirement. An international patent application must be prepared according to certain formal requirements set out in the PCT and its regulations. If you follow these requirements, you will not have to adapt to various national or regional formality requirements later. WIPO uses standard forms to collect information during the application process.
For the application to be recognized by the International Bureau WIPO , it must also be accompanied by the required fees. You must pay all required fees within one month from the date that the international application is received; late payments are subject to an additional fee.
Fees to be transmitted include:. Once you have prepared the international application according to the PCT requirements, you should file it. You have four options for filing:. An international application may be filed directly with the International Bureau. The International Bureau will act as the receiving office; however the international searching authority ISA and international preliminary examining authority IPEA are determined based on the contracting Member state, which is the same as your nationality or country of residence.
Where two or more applicants are from different contracting Member states, filing the international application with the International Bureau may result in a wider choice of authorities. If your nationality and residence are Canadian, then only Canada will be available as an international searching authority ISA.
However, if you have different states of nationality or residence, you will need to choose the ISA. In any case, you will have to click on the drop-down menu to indicate the ISA, as shown below:. You may file an international application with the national office of the PCT contracting Member state where you are a resident or national, or with the office acting for that state.
If there are two or more applicants, it is fine if only one of the applicants satisfies this requirement. To file the international application with Canada as the receiving office, please address your applications to the Commissioner of Patents and send the application by:. We will consider correspondence sent electronically, including by fax, to be received on the day that it is transmitted, if it is delivered and completely received before midnight, local time at CIPO and be accorded that day in office records, irrespective if CIPO is open for business.
For any other physical correspondence delivered on a day when CIPO is closed for business, we consider it received on the next day CIPO is open for business.
Note that we've verified the accessibility of this PDF. These roles include:. Where the national law of the designated State requires the indication of the name of and other prescribed data concerning the inventor but allows that these indications be furnished at a time later than that of the filing of a national application, the PCT Applicant shall, unless they were contained in the PCT Request, furnish the said indications to the national Office of or acting for the State not later than at the expiration of 20 months from the priority date.
However, as long as that time limit is incompatible with the national law applied by the PCT Designated Office, a time limit of two months from the date of the notification sent to the PCT Applicant of the said declaration shall, during that transitory period, apply with respect to that PCT Designated Office, provided that such Office has made a notification to that effect to the International PCT Bureau.
Such withdrawal shall be promptly published by the International PCT Bureau in the Gazette, and it shall be effective two months after its publication in the Gazette or at any later date as indicated in the notice of withdrawal. Article 24 — Possible Loss of Effect in Designated States 1 Subject, in case ii below, to the provisions of Article 25, the effect of the International PCT Patent Application provided for in Article 11 3 shall cease in any designated State with the same consequences as the withdrawal of any national application in that State: i if the PCT Applicant withdraws his International PCT Patent Application or the designation of that State; ii if the International PCT Patent Application is considered withdrawn by virtue of Article 12 3 , Article 14 1 b , Article 14 3 a , or Article 14 4 , or if the designation of that State is considered withdrawn by virtue of Article 14 3 b ; iii if the PCT Applicant fails to perform the acts referred to in Article 22 within the applicable time limit.
In particular, any provision in this PCT Treaty and the PCT Regulations concerning the definition of prior art is exclusively for the purposes of the international procedure and, consequently, any PCT Contracting State is free to apply, when determining the patentability of an invention claimed in an International PCT Patent Application, the criteria of its national law in respect of prior art and other conditions of patentability not constituting requirements as to the form and contents of applications.
No PCT Designated Office shall grant a patent, or refuse the grant of a patent, before such time limit has expired except with the express consent of the PCT Applicant. Article 29 — Effects of the International Publication 1 As far as the protection of any rights of the PCT Applicant in a designated State is concerned, the effects, in that State, of the international publication of an International PCT Patent Application shall, subject to the provisions of paragraph 2 to paragraph 4 , be the same as those which the national law of the designated State provides for the compulsory national publication of unexamined national applications as such.
The said Office shall publish the date of receipt in its gazette as soon as possible. The PCT Demand shall contain the prescribed particulars and shall be in the prescribed language and form. Article 33 — The International PCT Patent Preliminary Examination 1 The objective of the International PCT Patent Preliminary Examination is to formulate a preliminary and non-binding opinion on the questions whether the claimed invention appears to be novel, to involve an inventive step to be non-obvious , and to be industrially applicable.
Any PCT Contracting State may apply additional or different criteria for the purpose of deciding whether, in that State, the claimed invention is patentable or not. It may take into consideration any additional documents considered to be relevant in the particular case. The national law of any elected State may provide that, where its national Office finds the invitation of the International PCT Patent Preliminary Examining Authority justified, those parts of the International PCT Patent Application which do not relate to the main invention shall, as far as effects in that State are concerned, be considered withdrawn unless a special fee is paid by the PCT Applicant to that Office.
It shall state, subject to the provisions of paragraph 3 , in relation to each claim, whether the claim appears to satisfy the criteria of novelty, inventive step non-obviousness , and industrial applicability, as defined for the purposes of the International PCT Patent Preliminary Examination in Article 33 1 to Article 33 4. The statement shall be accompanied by the citation of the documents believed to support the stated conclusion with such explanations as the circumstances of the case may require.
The statement shall also be accompanied by such other observations as the PCT Regulations provide for. The economic fallout from the pandemic hit demand for the protection of industrial designs via the Hague System for the International Registration of Industrial Designs. Worldwide demand for IP rights, which help innovators and enterprises take their ideas to the market, has historically and broadly tracked global economic performance. For the fourth consecutive year, China-based telecoms giant Huawei Technologies, with 5, published PCT applications, was the top filer in The University of California with published applications continues to head the list of top applicants among educational institutions in The top university list comprises five universities from China, four from the U.
Among fields of technology, computer technology 9. International trademark system Madrid System. The U. In contrast, France
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