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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.
A patent is an exclusive right granted for an invention, such as a product or a process. CIPO administers the Patent Act and Patent Rules. [16] More specifically, the Patent Branch is responsible for processing filings, conducting examinations and approving or refusing applications. [16]
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.
For a patent to be valid in Canada, the invention claimed therein needs to be new and inventive.In patent law, these requirements are known as novelty and non-obviousness.A patent cannot in theory be granted for an invention without meeting these basic requirements or at least, if a patent which does not meet these requirements is granted, it cannot later be maintained.
All patent offices see their job as granting, not rejecting, patents. [18] Thus, an examiner's objections are directed at ensuring that a valid patent issue. [18] The patent office can reject an application only if it is positively satisfied that the applicant is not by law entitled to a patent. [18]