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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]
No doubt the Commissioner of Patents ought not to refuse an application for a patent unless it is clearly without substantial foundation. . . . [Emphasis in original.] [21] An applicant may overcome objections to the application by argument or amendment. [18] If the examiner is satisfied, the application is allowed and a patent is issued. [18]
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 America Invents Act, signed by Barack Obama on 16 September 2011, [6] switched the U.S. right to the patent from a "first-to-invent" system to a "first-inventor-to-file" system for patent applications filed on or after 16 March 2013 and eliminated interference proceedings. [7]
A provisional application is a patent application filed at the intellectual property offices of some countries. It does not mature into an issued patent and is deemed abandoned one year after its filing. It is used to secure a filing date for a subsequent non-provisional patent application claiming priority of the provisional application.
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