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CIPO is responsible for processing filings, conducting examinations and approving or refusing applications. [20] If an industrial design application is considered for refusal, the decision can be reviewed by the Patent Appeal Board. [20] If the application is ultimately refused, the decision can be appealed to the Federal Court of Canada. [20]
A standard patent application is a patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent. A standard patent application may or may not result in the grant of a patent depending upon the outcome of an examination by the patent office it is ...
Canadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.. A 'patent' is a government grant that gives the inventor—as well as their heirs, executors, and assignees—the exclusive right within Canada to make, use, and/or sell the claimed invention during the term of the patent, subject to adjudication.
The Patent Act (French: Loi sur les brevets) is Canadian federal legislation and is one of the main pieces of Canadian legislation governing patent law in Canada.It sets out the criteria for patentability, what can and cannot be patented in Canada, the process for obtaining a Canadian patent, and provides for the enforcement of Canadian patent rights.
The Manual of Patent Office Practice (MOPOP) is a manual for patent agents and patent examiners, published by the Canadian Intellectual Property Office (CIPO). It documents the procedures and practices relative to the prosecution of patent applications under Canadian patent law for patent examiners, applicants, agents, and the public at large.
Patents may not generally be obtained for scientific principles, abstract theorems, ideas, methods of conducting business, computer programs, and medical treatments. Some exceptions have been made. Patents are protected in Canada by the Patent Act (R.S.C., 1985, c. P-4). [5]
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