CPATA Patent Knowledge cheat sheet

Section 2 definition of invention: any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement thereof.

Section 27(1): a patent is granted for an invention that is new, useful and not obvious; the specification must end with a claim or claims defining the subject matter.

Section 27(3): the specification must describe the invention and its operation or use sufficiently to enable a person skilled in the art to make and use it.

Section 27(4): claims must distinctly and explicitly define the subject matter; a claim may be in dependent form referring to a preceding claim.

Section 27(8): no patent for mere scientific principle or abstract theorem; method-of-medical-treatment claims are likewise not patentable subject matter in Canada.

Section 28.2 novelty: prior art is art available to the public before the claim date; the inventor's own disclosure within 12 months before filing is protected by section 28.2(b).

Section 28.3 obviousness: no claim shall be allowed if, at the claim date, the subject matter would have been obvious to a person skilled in the art having regard to the prior art.

Maintenance fees are due annually on the anniversary of the filing date; failure to pay within the grace period under the Rules renders the application or patent abandoned.

Novelty test (s. 28.2): single-reference anticipation requires the prior art to disclose all elements of the claim; mosaic of references does not defeat novelty.

Obviousness test follows the Windsurfing/ Pozzoli four-step approach as adopted in Canada: identify the skilled person and common general knowledge, identify the inventive concept, identify differences from prior art, and ask whether those differences would have been obvious without hindsight.

Utility (s. 2): the invention must have a useful result; Canadian practice requires the utility to be soundly predicted or demonstrated as of the filing date (Apotex v Wellcome).

Sound prediction requires a factual basis, an articulable line of reasoning, and proper disclosure in the specification.

Patentable subject matter excludes: methods of medical treatment, higher life forms, mere scientific principles, abstract theorems, and forms of energy.

Claims to computer-implemented inventions are patentable if they produce a technical effect and are not mere calculations; the CIPO MOPOP Chapter 16 guidance applies.

Double patenting: same applicant cannot obtain two patents for the same invention; the test is whether the claims are co-extensive (Whirlpool).

Invalidity grounds: anticipation, obviousness, inutility, insufficiency, overbreadth, ambiguity, and non-patentable subject matter.

Specification structure: title, cross-reference to related applications, field, background, summary, brief description of drawings, detailed description, examples, and claims.

Claims must be supported by the description; a claim that is broader than the disclosure is invalid for overbreadth.

Independent claims define the invention; dependent claims add limitations and provide fallback positions during prosecution and litigation.

Claim categories: product (apparatus, composition, manufacture) and process (method, use); use claims should be drafted as 'use of X for Y' or 'compound X for use in treating Y'.

Antecedent basis: each claim element must be introduced with 'a' or 'an' before being referenced with 'the' or 'said'.

Means-plus-function claiming is permitted but is construed to cover the corresponding structure in the specification and equivalents.

Best mode is not a separate requirement in Canada; however, the specification must enable the invention across the full scope of the claims.

Avoid relative terms ('about', 'substantially') unless the specification defines them with a numerical range or measurable criterion.

Filing: a Canadian application requires a petition, abstract, specification, claims, drawings (if any), and inventor declaration; a filing date is accorded when these are received.

Request for examination must be filed within 4 years of the filing date (or 3 years from the PCT national phase entry); the fee is payable at that time.

Office Actions: the examiner issues a report; the applicant must respond within the period set (typically 4 months, extendable with fees).

Examiner's requisitions can be answered by amendment, argument, or both; interviews with the examiner are available on request.

Final Action: after two examiner reports on the same grounds, the applicant may request a review by the Commissioner or appeal to the Federal Court.

Allowance: upon approval, the applicant pays the final fee; the patent issues on the date recorded in the patent office register.

Amendments after allowance are restricted; amendments that add new matter (beyond the disclosure as filed) are not permitted (s. 38.2).

PCT national phase entry into Canada: 30 months from the priority date; translation into English or French required if filed in the other language.

Paris Convention: 12-month priority period for patents and utility models from the first filing; priority claim must be made within 16 months of the priority date at the latest in most jurisdictions.

PCT timeline: international filing, international search (3 months from filing), international publication at 18 months, optional preliminary examination (Chapter II), and national phase entry at 30 months (Canada, EPO, US, China, Japan).

PCT applicant may file in any receiving Office; Canadian applicants normally file with CIPO as receiving Office or with the IB.

Canadian applicants must obtain a Foreign Filing Licence from the Commissioner if the invention was made in Canada and the first filing is abroad (s. 25.1); otherwise the patent is void in Canada.

National phase entry into Canada: file Form PCT/CA/301, pay the national fee, and provide translation if the application is not in English or French.

Small entity status: Canadian applicants may pay reduced fees if they qualify; misrepresentation of small entity status can invalidate the patent.

EPO strategy: a single European patent application can cover up to 38 member states; unitary patent available since 2023.

US strategy: file a provisional application for a 12-month priority; convert to a non-provisional or PCT application before the deadline.

Section 42: a patent grants the exclusive right to make, construct, use, and sell the invention; infringement occurs when a person does any of these without authorization.

Section 55: infringement action must be brought in the Federal Court or a provincial court of competent jurisdiction; the limitation period is 6 years from the cause of action.

Purposive construction (Free World Trust): claims are construed in light of the specification and the skilled person's common general knowledge, not literally.

Infringement tests: literal infringement, equivalents (Catnic/ Improver questions), and the 'variant' test from Free World Trust.

Defences: non-infringement, invalidity (counterclaim), experimental use, regulatory review (s. 55.2 for generic drugs), and prior use rights (s. 56).

Remedies: injunction, damages (compensatory), accounting of profits, delivery up, and costs; punitive damages available for egregious conduct.

Section 55.2(1): the regulatory review exception permits making, using, and selling a patented invention solely for regulatory approval of a drug.

Section 55.2(2): the 'early working' exception applies to the manufacture, use, and sale of a patented invention for regulatory purposes; patentee may sue for infringement after the notice of allegation.

Section 27(1): a patent is granted to the inventor or the inventor's legal representatives; the inventor is presumed to be the first owner.

Joint inventors: each owns an undivided interest in the patent; each may independently exploit the invention but cannot grant a licence without the other's consent.

Assignment: must be in writing and signed by the assignor; recordal with CIPO is recommended but not required for validity (s. 49).

Employee inventions: absent an express contract, an invention made in the course of employment belongs to the employee; a 'hired to invent' duty may transfer ownership to the employer.

Shop right: an employer may have a non-exclusive, royalty-free licence to use an employee invention made using the employer's resources, depending on the circumstances.

Licences: exclusive, non-exclusive, sole, and sub-licences; an exclusive licence should be recorded to give the licensee standing to sue.

Section 50: a licence may be granted for the whole or part of Canada; the licensee may not assign the licence without the licensor's consent unless the licence provides otherwise.

Security interests: a patent may be charged as collateral; recordal of the security interest with CIPO is advisable for priority against third parties.

Patent agents must be registered with CIPO; the profession is regulated by the College of Patent Agents and Trademark Agents (CPATA).

Duty of candour to the Commissioner: agents must not knowingly make false statements or submit misleading evidence in prosecution.

Conflict of interest: an agent must not act for two parties with adverse interests in the same or related matter without informed written consent.

Confidentiality: all client information is privileged and must not be disclosed without authorization or a court order.

Fee arrangements: contingency fees are permitted in Canada but must be in writing and must not create a conflict of interest.

Trust accounting: client funds must be held in a separate trust account and reconciled monthly; misappropriation is grounds for disbarment.

Competence: an agent must refer matters outside their expertise to a qualified professional and must maintain professional development.

Advertising: communications must be accurate, not misleading, and must not claim official affiliation with CIPO or the government.

Copyright: protects expression, not ideas; lasts for the life of the author plus 70 years (Canada, since 2022); patents and copyrights can coexist for software.

Trademarks: a trademark identifies the source of goods or services; registration lasts 10 years and is renewable indefinitely (since 2019 amendments).

Industrial designs: protect the visual features of shape, configuration, pattern, or ornament; term is 10 years from registration (15 years from filing).

Trade secrets: protected by contract and tort law; no statutory registration in Canada; remedies include injunction and damages.

Plant breeders' rights: administered by the CFIA under the Plant Breeders' Rights Act; term is 20 years for most crops.

Transitional: the 2019 amendments to the Patent Rules changed the examination timeline and introduced the 4-year request for examination deadline.

Transitional: the 2022 amendments aligned Canada with the Hague Agreement for industrial designs and the Madrid Protocol for trademarks.

Prior art transition: applications filed before October 1, 1989 are subject to the old 'first to invent' regime; applications filed on or after that date are subject to the 'first to file' regime.

Section 2 definition of invention: any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement thereof.

Section 27(1): a patent is granted for an invention that is new, useful and not obvious; the specification must end with a claim or claims defining the subject matter.

Section 27(3): the specification must describe the invention and its operation or use sufficiently to enable a person skilled in the art to make and use it.

Section 27(4): claims must distinctly and explicitly define the subject matter; a claim may be in dependent form referring to a preceding claim.

Section 27(8): no patent for mere scientific principle or abstract theorem; method-of-medical-treatment claims are likewise not patentable subject matter in Canada.

Section 28.2 novelty: prior art is art available to the public before the claim date; the inventor's own disclosure within 12 months before filing is protected by section 28.2(b).

Section 28.3 obviousness: no claim shall be allowed if, at the claim date, the subject matter would have been obvious to a person skilled in the art having regard to the prior art.

Maintenance fees are due annually on the anniversary of the filing date; failure to pay within the grace period under the Rules renders the application or patent abandoned.

Novelty test (s. 28.2): single-reference anticipation requires the prior art to disclose all elements of the claim; mosaic of references does not defeat novelty.

Obviousness test follows the Windsurfing/ Pozzoli four-step approach as adopted in Canada: identify the skilled person and common general knowledge, identify the inventive concept, identify differences from prior art, and ask whether those differences would have been obvious without hindsight.

Utility (s. 2): the invention must have a useful result; Canadian practice requires the utility to be soundly predicted or demonstrated as of the filing date (Apotex v Wellcome).

Sound prediction requires a factual basis, an articulable line of reasoning, and proper disclosure in the specification.

Patentable subject matter excludes: methods of medical treatment, higher life forms, mere scientific principles, abstract theorems, and forms of energy.

Claims to computer-implemented inventions are patentable if they produce a technical effect and are not mere calculations; the CIPO MOPOP Chapter 16 guidance applies.

Double patenting: same applicant cannot obtain two patents for the same invention; the test is whether the claims are co-extensive (Whirlpool).

Invalidity grounds: anticipation, obviousness, inutility, insufficiency, overbreadth, ambiguity, and non-patentable subject matter.

Specification structure: title, cross-reference to related applications, field, background, summary, brief description of drawings, detailed description, examples, and claims.

Claims must be supported by the description; a claim that is broader than the disclosure is invalid for overbreadth.

Independent claims define the invention; dependent claims add limitations and provide fallback positions during prosecution and litigation.

Claim categories: product (apparatus, composition, manufacture) and process (method, use); use claims should be drafted as 'use of X for Y' or 'compound X for use in treating Y'.

Antecedent basis: each claim element must be introduced with 'a' or 'an' before being referenced with 'the' or 'said'.

Means-plus-function claiming is permitted but is construed to cover the corresponding structure in the specification and equivalents.

Best mode is not a separate requirement in Canada; however, the specification must enable the invention across the full scope of the claims.

Avoid relative terms ('about', 'substantially') unless the specification defines them with a numerical range or measurable criterion.

Filing: a Canadian application requires a petition, abstract, specification, claims, drawings (if any), and inventor declaration; a filing date is accorded when these are received.

Request for examination must be filed within 4 years of the filing date (or 3 years from the PCT national phase entry); the fee is payable at that time.

Office Actions: the examiner issues a report; the applicant must respond within the period set (typically 4 months, extendable with fees).

Examiner's requisitions can be answered by amendment, argument, or both; interviews with the examiner are available on request.

Final Action: after two examiner reports on the same grounds, the applicant may request a review by the Commissioner or appeal to the Federal Court.

Allowance: upon approval, the applicant pays the final fee; the patent issues on the date recorded in the patent office register.

Amendments after allowance are restricted; amendments that add new matter (beyond the disclosure as filed) are not permitted (s. 38.2).

PCT national phase entry into Canada: 30 months from the priority date; translation into English or French required if filed in the other language.

Paris Convention: 12-month priority period for patents and utility models from the first filing; priority claim must be made within 16 months of the priority date at the latest in most jurisdictions.

PCT timeline: international filing, international search (3 months from filing), international publication at 18 months, optional preliminary examination (Chapter II), and national phase entry at 30 months (Canada, EPO, US, China, Japan).

PCT applicant may file in any receiving Office; Canadian applicants normally file with CIPO as receiving Office or with the IB.

Canadian applicants must obtain a Foreign Filing Licence from the Commissioner if the invention was made in Canada and the first filing is abroad (s. 25.1); otherwise the patent is void in Canada.

National phase entry into Canada: file Form PCT/CA/301, pay the national fee, and provide translation if the application is not in English or French.

Small entity status: Canadian applicants may pay reduced fees if they qualify; misrepresentation of small entity status can invalidate the patent.

EPO strategy: a single European patent application can cover up to 38 member states; unitary patent available since 2023.

US strategy: file a provisional application for a 12-month priority; convert to a non-provisional or PCT application before the deadline.

Section 42: a patent grants the exclusive right to make, construct, use, and sell the invention; infringement occurs when a person does any of these without authorization.

Section 55: infringement action must be brought in the Federal Court or a provincial court of competent jurisdiction; the limitation period is 6 years from the cause of action.

Purposive construction (Free World Trust): claims are construed in light of the specification and the skilled person's common general knowledge, not literally.

Infringement tests: literal infringement, equivalents (Catnic/ Improver questions), and the 'variant' test from Free World Trust.

Defences: non-infringement, invalidity (counterclaim), experimental use, regulatory review (s. 55.2 for generic drugs), and prior use rights (s. 56).

Remedies: injunction, damages (compensatory), accounting of profits, delivery up, and costs; punitive damages available for egregious conduct.

Section 55.2(1): the regulatory review exception permits making, using, and selling a patented invention solely for regulatory approval of a drug.

Section 55.2(2): the 'early working' exception applies to the manufacture, use, and sale of a patented invention for regulatory purposes; patentee may sue for infringement after the notice of allegation.

Section 27(1): a patent is granted to the inventor or the inventor's legal representatives; the inventor is presumed to be the first owner.

Joint inventors: each owns an undivided interest in the patent; each may independently exploit the invention but cannot grant a licence without the other's consent.

Assignment: must be in writing and signed by the assignor; recordal with CIPO is recommended but not required for validity (s. 49).

Employee inventions: absent an express contract, an invention made in the course of employment belongs to the employee; a 'hired to invent' duty may transfer ownership to the employer.

Shop right: an employer may have a non-exclusive, royalty-free licence to use an employee invention made using the employer's resources, depending on the circumstances.

Licences: exclusive, non-exclusive, sole, and sub-licences; an exclusive licence should be recorded to give the licensee standing to sue.

Section 50: a licence may be granted for the whole or part of Canada; the licensee may not assign the licence without the licensor's consent unless the licence provides otherwise.

Security interests: a patent may be charged as collateral; recordal of the security interest with CIPO is advisable for priority against third parties.

Patent agents must be registered with CIPO; the profession is regulated by the College of Patent Agents and Trademark Agents (CPATA).

Duty of candour to the Commissioner: agents must not knowingly make false statements or submit misleading evidence in prosecution.

Conflict of interest: an agent must not act for two parties with adverse interests in the same or related matter without informed written consent.

Confidentiality: all client information is privileged and must not be disclosed without authorization or a court order.

Fee arrangements: contingency fees are permitted in Canada but must be in writing and must not create a conflict of interest.

Trust accounting: client funds must be held in a separate trust account and reconciled monthly; misappropriation is grounds for disbarment.

Competence: an agent must refer matters outside their expertise to a qualified professional and must maintain professional development.

Advertising: communications must be accurate, not misleading, and must not claim official affiliation with CIPO or the government.

Copyright: protects expression, not ideas; lasts for the life of the author plus 70 years (Canada, since 2022); patents and copyrights can coexist for software.

Trademarks: a trademark identifies the source of goods or services; registration lasts 10 years and is renewable indefinitely (since 2019 amendments).

Industrial designs: protect the visual features of shape, configuration, pattern, or ornament; term is 10 years from registration (15 years from filing).

Trade secrets: protected by contract and tort law; no statutory registration in Canada; remedies include injunction and damages.

Plant breeders' rights: administered by the CFIA under the Plant Breeders' Rights Act; term is 20 years for most crops.

Transitional: the 2019 amendments to the Patent Rules changed the examination timeline and introduced the 4-year request for examination deadline.

Transitional: the 2022 amendments aligned Canada with the Hague Agreement for industrial designs and the Madrid Protocol for trademarks.

Prior art transition: applications filed before October 1, 1989 are subject to the old 'first to invent' regime; applications filed on or after that date are subject to the 'first to file' regime.

Section 2 definition of invention: any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement thereof.

Section 27(1): a patent is granted for an invention that is new, useful and not obvious; the specification must end with a claim or claims defining the subject matter.

Section 27(3): the specification must describe the invention and its operation or use sufficiently to enable a person skilled in the art to make and use it.

Section 27(4): claims must distinctly and explicitly define the subject matter; a claim may be in dependent form referring to a preceding claim.

Section 27(8): no patent for mere scientific principle or abstract theorem; method-of-medical-treatment claims are likewise not patentable subject matter in Canada.

Section 28.2 novelty: prior art is art available to the public before the claim date; the inventor's own disclosure within 12 months before filing is protected by section 28.2(b).

Section 28.3 obviousness: no claim shall be allowed if, at the claim date, the subject matter would have been obvious to a person skilled in the art having regard to the prior art.

Maintenance fees are due annually on the anniversary of the filing date; failure to pay within the grace period under the Rules renders the application or patent abandoned.

Novelty test (s. 28.2): single-reference anticipation requires the prior art to disclose all elements of the claim; mosaic of references does not defeat novelty.

Obviousness test follows the Windsurfing/ Pozzoli four-step approach as adopted in Canada: identify the skilled person and common general knowledge, identify the inventive concept, identify differences from prior art, and ask whether those differences would have been obvious without hindsight.

Utility (s. 2): the invention must have a useful result; Canadian practice requires the utility to be soundly predicted or demonstrated as of the filing date (Apotex v Wellcome).

Sound prediction requires a factual basis, an articulable line of reasoning, and proper disclosure in the specification.

Patentable subject matter excludes: methods of medical treatment, higher life forms, mere scientific principles, abstract theorems, and forms of energy.

Claims to computer-implemented inventions are patentable if they produce a technical effect and are not mere calculations; the CIPO MOPOP Chapter 16 guidance applies.

Double patenting: same applicant cannot obtain two patents for the same invention; the test is whether the claims are co-extensive (Whirlpool).

Invalidity grounds: anticipation, obviousness, inutility, insufficiency, overbreadth, ambiguity, and non-patentable subject matter.

Specification structure: title, cross-reference to related applications, field, background, summary, brief description of drawings, detailed description, examples, and claims.

Claims must be supported by the description; a claim that is broader than the disclosure is invalid for overbreadth.

Independent claims define the invention; dependent claims add limitations and provide fallback positions during prosecution and litigation.

Claim categories: product (apparatus, composition, manufacture) and process (method, use); use claims should be drafted as 'use of X for Y' or 'compound X for use in treating Y'.

Antecedent basis: each claim element must be introduced with 'a' or 'an' before being referenced with 'the' or 'said'.

Means-plus-function claiming is permitted but is construed to cover the corresponding structure in the specification and equivalents.

Best mode is not a separate requirement in Canada; however, the specification must enable the invention across the full scope of the claims.

Avoid relative terms ('about', 'substantially') unless the specification defines them with a numerical range or measurable criterion.

Filing: a Canadian application requires a petition, abstract, specification, claims, drawings (if any), and inventor declaration; a filing date is accorded when these are received.

Request for examination must be filed within 4 years of the filing date (or 3 years from the PCT national phase entry); the fee is payable at that time.

Office Actions: the examiner issues a report; the applicant must respond within the period set (typically 4 months, extendable with fees).

Examiner's requisitions can be answered by amendment, argument, or both; interviews with the examiner are available on request.

Final Action: after two examiner reports on the same grounds, the applicant may request a review by the Commissioner or appeal to the Federal Court.

Allowance: upon approval, the applicant pays the final fee; the patent issues on the date recorded in the patent office register.

Amendments after allowance are restricted; amendments that add new matter (beyond the disclosure as filed) are not permitted (s. 38.2).

PCT national phase entry into Canada: 30 months from the priority date; translation into English or French required if filed in the other language.

Paris Convention: 12-month priority period for patents and utility models from the first filing; priority claim must be made within 16 months of the priority date at the latest in most jurisdictions.

PCT timeline: international filing, international search (3 months from filing), international publication at 18 months, optional preliminary examination (Chapter II), and national phase entry at 30 months (Canada, EPO, US, China, Japan).

PCT applicant may file in any receiving Office; Canadian applicants normally file with CIPO as receiving Office or with the IB.

Canadian applicants must obtain a Foreign Filing Licence from the Commissioner if the invention was made in Canada and the first filing is abroad (s. 25.1); otherwise the patent is void in Canada.

National phase entry into Canada: file Form PCT/CA/301, pay the national fee, and provide translation if the application is not in English or French.

Small entity status: Canadian applicants may pay reduced fees if they qualify; misrepresentation of small entity status can invalidate the patent.

EPO strategy: a single European patent application can cover up to 38 member states; unitary patent available since 2023.

US strategy: file a provisional application for a 12-month priority; convert to a non-provisional or PCT application before the deadline.

Section 42: a patent grants the exclusive right to make, construct, use, and sell the invention; infringement occurs when a person does any of these without authorization.

Section 55: infringement action must be brought in the Federal Court or a provincial court of competent jurisdiction; the limitation period is 6 years from the cause of action.

Purposive construction (Free World Trust): claims are construed in light of the specification and the skilled person's common general knowledge, not literally.

Infringement tests: literal infringement, equivalents (Catnic/ Improver questions), and the 'variant' test from Free World Trust.

Defences: non-infringement, invalidity (counterclaim), experimental use, regulatory review (s. 55.2 for generic drugs), and prior use rights (s. 56).

Remedies: injunction, damages (compensatory), accounting of profits, delivery up, and costs; punitive damages available for egregious conduct.

Section 55.2(1): the regulatory review exception permits making, using, and selling a patented invention solely for regulatory approval of a drug.

Section 55.2(2): the 'early working' exception applies to the manufacture, use, and sale of a patented invention for regulatory purposes; patentee may sue for infringement after the notice of allegation.

Section 27(1): a patent is granted to the inventor or the inventor's legal representatives; the inventor is presumed to be the first owner.

Joint inventors: each owns an undivided interest in the patent; each may independently exploit the invention but cannot grant a licence without the other's consent.

Assignment: must be in writing and signed by the assignor; recordal with CIPO is recommended but not required for validity (s. 49).

Employee inventions: absent an express contract, an invention made in the course of employment belongs to the employee; a 'hired to invent' duty may transfer ownership to the employer.

Shop right: an employer may have a non-exclusive, royalty-free licence to use an employee invention made using the employer's resources, depending on the circumstances.

Licences: exclusive, non-exclusive, sole, and sub-licences; an exclusive licence should be recorded to give the licensee standing to sue.

Section 50: a licence may be granted for the whole or part of Canada; the licensee may not assign the licence without the licensor's consent unless the licence provides otherwise.

Security interests: a patent may be charged as collateral; recordal of the security interest with CIPO is advisable for priority against third parties.

Patent agents must be registered with CIPO; the profession is regulated by the College of Patent Agents and Trademark Agents (CPATA).

Duty of candour to the Commissioner: agents must not knowingly make false statements or submit misleading evidence in prosecution.

Conflict of interest: an agent must not act for two parties with adverse interests in the same or related matter without informed written consent.

Confidentiality: all client information is privileged and must not be disclosed without authorization or a court order.

Fee arrangements: contingency fees are permitted in Canada but must be in writing and must not create a conflict of interest.

Trust accounting: client funds must be held in a separate trust account and reconciled monthly; misappropriation is grounds for disbarment.

Competence: an agent must refer matters outside their expertise to a qualified professional and must maintain professional development.

Advertising: communications must be accurate, not misleading, and must not claim official affiliation with CIPO or the government.

Copyright: protects expression, not ideas; lasts for the life of the author plus 70 years (Canada, since 2022); patents and copyrights can coexist for software.

Trademarks: a trademark identifies the source of goods or services; registration lasts 10 years and is renewable indefinitely (since 2019 amendments).

Industrial designs: protect the visual features of shape, configuration, pattern, or ornament; term is 10 years from registration (15 years from filing).

Trade secrets: protected by contract and tort law; no statutory registration in Canada; remedies include injunction and damages.

Plant breeders' rights: administered by the CFIA under the Plant Breeders' Rights Act; term is 20 years for most crops.

Transitional: the 2019 amendments to the Patent Rules changed the examination timeline and introduced the 4-year request for examination deadline.

Transitional: the 2022 amendments aligned Canada with the Hague Agreement for industrial designs and the Madrid Protocol for trademarks.

Prior art transition: applications filed before October 1, 1989 are subject to the old 'first to invent' regime; applications filed on or after that date are subject to the 'first to file' regime.

Section 2 definition of invention: any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement thereof.

Section 27(1): a patent is granted for an invention that is new, useful and not obvious; the specification must end with a claim or claims defining the subject matter.

Section 27(3): the specification must describe the invention and its operation or use sufficiently to enable a person skilled in the art to make and use it.

Section 27(4): claims must distinctly and explicitly define the subject matter; a claim may be in dependent form referring to a preceding claim.

Section 27(8): no patent for mere scientific principle or abstract theorem; method-of-medical-treatment claims are likewise not patentable subject matter in Canada.

Section 28.2 novelty: prior art is art available to the public before the claim date; the inventor's own disclosure within 12 months before filing is protected by section 28.2(b).

Section 28.3 obviousness: no claim shall be allowed if, at the claim date, the subject matter would have been obvious to a person skilled in the art having regard to the prior art.

Maintenance fees are due annually on the anniversary of the filing date; failure to pay within the grace period under the Rules renders the application or patent abandoned.

Novelty test (s. 28.2): single-reference anticipation requires the prior art to disclose all elements of the claim; mosaic of references does not defeat novelty.

Obviousness test follows the Windsurfing/ Pozzoli four-step approach as adopted in Canada: identify the skilled person and common general knowledge, identify the inventive concept, identify differences from prior art, and ask whether those differences would have been obvious without hindsight.

Utility (s. 2): the invention must have a useful result; Canadian practice requires the utility to be soundly predicted or demonstrated as of the filing date (Apotex v Wellcome).

Sound prediction requires a factual basis, an articulable line of reasoning, and proper disclosure in the specification.

Patentable subject matter excludes: methods of medical treatment, higher life forms, mere scientific principles, abstract theorems, and forms of energy.

Claims to computer-implemented inventions are patentable if they produce a technical effect and are not mere calculations; the CIPO MOPOP Chapter 16 guidance applies.

Double patenting: same applicant cannot obtain two patents for the same invention; the test is whether the claims are co-extensive (Whirlpool).

Invalidity grounds: anticipation, obviousness, inutility, insufficiency, overbreadth, ambiguity, and non-patentable subject matter.

Specification structure: title, cross-reference to related applications, field, background, summary, brief description of drawings, detailed description, examples, and claims.

Claims must be supported by the description; a claim that is broader than the disclosure is invalid for overbreadth.

Independent claims define the invention; dependent claims add limitations and provide fallback positions during prosecution and litigation.

Claim categories: product (apparatus, composition, manufacture) and process (method, use); use claims should be drafted as 'use of X for Y' or 'compound X for use in treating Y'.

Antecedent basis: each claim element must be introduced with 'a' or 'an' before being referenced with 'the' or 'said'.

Means-plus-function claiming is permitted but is construed to cover the corresponding structure in the specification and equivalents.

Best mode is not a separate requirement in Canada; however, the specification must enable the invention across the full scope of the claims.

Avoid relative terms ('about', 'substantially') unless the specification defines them with a numerical range or measurable criterion.

Filing: a Canadian application requires a petition, abstract, specification, claims, drawings (if any), and inventor declaration; a filing date is accorded when these are received.

Request for examination must be filed within 4 years of the filing date (or 3 years from the PCT national phase entry); the fee is payable at that time.

Office Actions: the examiner issues a report; the applicant must respond within the period set (typically 4 months, extendable with fees).

Examiner's requisitions can be answered by amendment, argument, or both; interviews with the examiner are available on request.

Final Action: after two examiner reports on the same grounds, the applicant may request a review by the Commissioner or appeal to the Federal Court.

Allowance: upon approval, the applicant pays the final fee; the patent issues on the date recorded in the patent office register.

Amendments after allowance are restricted; amendments that add new matter (beyond the disclosure as filed) are not permitted (s. 38.2).

PCT national phase entry into Canada: 30 months from the priority date; translation into English or French required if filed in the other language.

Paris Convention: 12-month priority period for patents and utility models from the first filing; priority claim must be made within 16 months of the priority date at the latest in most jurisdictions.

PCT timeline: international filing, international search (3 months from filing), international publication at 18 months, optional preliminary examination (Chapter II), and national phase entry at 30 months (Canada, EPO, US, China, Japan).

PCT applicant may file in any receiving Office; Canadian applicants normally file with CIPO as receiving Office or with the IB.

Canadian applicants must obtain a Foreign Filing Licence from the Commissioner if the invention was made in Canada and the first filing is abroad (s. 25.1); otherwise the patent is void in Canada.

National phase entry into Canada: file Form PCT/CA/301, pay the national fee, and provide translation if the application is not in English or French.

Small entity status: Canadian applicants may pay reduced fees if they qualify; misrepresentation of small entity status can invalidate the patent.

EPO strategy: a single European patent application can cover up to 38 member states; unitary patent available since 2023.

US strategy: file a provisional application for a 12-month priority; convert to a non-provisional or PCT application before the deadline.

Section 42: a patent grants the exclusive right to make, construct, use, and sell the invention; infringement occurs when a person does any of these without authorization.

Section 55: infringement action must be brought in the Federal Court or a provincial court of competent jurisdiction; the limitation period is 6 years from the cause of action.

Purposive construction (Free World Trust): claims are construed in light of the specification and the skilled person's common general knowledge, not literally.

Infringement tests: literal infringement, equivalents (Catnic/ Improver questions), and the 'variant' test from Free World Trust.

Defences: non-infringement, invalidity (counterclaim), experimental use, regulatory review (s. 55.2 for generic drugs), and prior use rights (s. 56).

Remedies: injunction, damages (compensatory), accounting of profits, delivery up, and costs; punitive damages available for egregious conduct.

Section 55.2(1): the regulatory review exception permits making, using, and selling a patented invention solely for regulatory approval of a drug.

Section 55.2(2): the 'early working' exception applies to the manufacture, use, and sale of a patented invention for regulatory purposes; patentee may sue for infringement after the notice of allegation.

Section 27(1): a patent is granted to the inventor or the inventor's legal representatives; the inventor is presumed to be the first owner.

Joint inventors: each owns an undivided interest in the patent; each may independently exploit the invention but cannot grant a licence without the other's consent.

Assignment: must be in writing and signed by the assignor; recordal with CIPO is recommended but not required for validity (s. 49).

Employee inventions: absent an express contract, an invention made in the course of employment belongs to the employee; a 'hired to invent' duty may transfer ownership to the employer.

Shop right: an employer may have a non-exclusive, royalty-free licence to use an employee invention made using the employer's resources, depending on the circumstances.

Licences: exclusive, non-exclusive, sole, and sub-licences; an exclusive licence should be recorded to give the licensee standing to sue.

Section 50: a licence may be granted for the whole or part of Canada; the licensee may not assign the licence without the licensor's consent unless the licence provides otherwise.

Security interests: a patent may be charged as collateral; recordal of the security interest with CIPO is advisable for priority against third parties.

Patent agents must be registered with CIPO; the profession is regulated by the College of Patent Agents and Trademark Agents (CPATA).

Duty of candour to the Commissioner: agents must not knowingly make false statements or submit misleading evidence in prosecution.

Conflict of interest: an agent must not act for two parties with adverse interests in the same or related matter without informed written consent.

Confidentiality: all client information is privileged and must not be disclosed without authorization or a court order.

Fee arrangements: contingency fees are permitted in Canada but must be in writing and must not create a conflict of interest.

Trust accounting: client funds must be held in a separate trust account and reconciled monthly; misappropriation is grounds for disbarment.

Competence: an agent must refer matters outside their expertise to a qualified professional and must maintain professional development.

Advertising: communications must be accurate, not misleading, and must not claim official affiliation with CIPO or the government.

Copyright: protects expression, not ideas; lasts for the life of the author plus 70 years (Canada, since 2022); patents and copyrights can coexist for software.

Trademarks: a trademark identifies the source of goods or services; registration lasts 10 years and is renewable indefinitely (since 2019 amendments).

Industrial designs: protect the visual features of shape, configuration, pattern, or ornament; term is 10 years from registration (15 years from filing).

Trade secrets: protected by contract and tort law; no statutory registration in Canada; remedies include injunction and damages.

Plant breeders' rights: administered by the CFIA under the Plant Breeders' Rights Act; term is 20 years for most crops.

Transitional: the 2019 amendments to the Patent Rules changed the examination timeline and introduced the 4-year request for examination deadline.

Transitional: the 2022 amendments aligned Canada with the Hague Agreement for industrial designs and the Madrid Protocol for trademarks.

Prior art transition: applications filed before October 1, 1989 are subject to the old 'first to invent' regime; applications filed on or after that date are subject to the 'first to file' regime.