Peaceful Canada
The Maple Leaf Country has a vast land, rich resources and sparsely populated land. There is only one short summer time every year. On the Canadian National Highway in July, every speeding car is equipped with sampans, bicycles, paragliders and other recreational equipment on top of it. , I can’t help but sigh, Canadians really love to play. In fact, Canada has long been listed by the United Nations as one of the countries with the highest quality of life in the world, and its per capita living standard, life expectancy and education level are all among the world's advanced ranks. Canada is a diverse, prosperous, peaceful and hospitable country known for its pristine wilderness and breathtaking natural beauty. As a major energy country in the world, Canada is the 10th largest economy in the world and one of the top 10 trading nations in the world. Its economy is highly internationalized and its scientific research quality ranks fourth in the world. Bombardier is the third largest civil aircraft manufacturer in the world and the only equipment manufacturer in the world that can produce both aircraft and locomotives.
Canada has 1.8 million immigrants from China, and more than 140,000 Chinese students are studying in various educational institutions in Canada. Chinese is the third most spoken language after English and French. As early as around 1780, silk from Guangzhou, tea from Hangzhou and porcelain from Jingdezhen were exported to Canada, and fur and wood from British Columbia were also exported to China. Chinese laborers from China helped build the Canadian Pacific Railway. Since China's accession to the WTO, the two countries have developed from a single commodity trade relationship to an all-round, cross-field, and diversified trade and economic and technological cooperation relationship, and have carried out in-depth cooperation in many fields such as energy resources, clean technology, and modern agriculture. Today, China has become Canada's second largest trading partner.
In 2020, among the 37,999 invention patent applications in Canada, there are 281 patent applications from the Chinese applicant OPPO. Therefore, OPPO has become the TOP 1 applicant for patent applications in Canada, 49 more than Qualcomm.
Introduction to the Canadian Patent System
1. Paths for Chinese applicants to apply for patents in Canada
Paris Convention, via Nationalization of PCT to enter the Canadian national phase, direct application.
2. Review unit
The Canadian Intellectual Property Office, CIPO, is part of the Canadian federal government's Department of Industry and is located in Gatineau, Quebec. CIPO's mission is to promote Canada's economic development through the administration, enforcement and ongoing development of Canada's intellectual property system. In 2020, CIPO merged the trademark, copyright and industrial design departments, established new quality control procedures and processes for trademark and design review, and launched a new intellectual property document and file management system, which can realize letters and notifications. Automate to reduce more Specification work.
3. submit application
1) Time limit requirements: After the amendment of the Canadian Patent Law in 2019, CIPO can accept the restoration of priority; although it is still possible to enter the Canadian national phase at the latest 42 months from the international filing date/priority date, it cannot be achieved by only paying fees For the purpose of entering the national phase, a statement of "missing 30 months of unintentional behavior" will greatly increase the difficulty for the applicant to miss the deadline to enter the national phase.
2) Application submission: CIPO official website provides a convenient electronic application channel. Applicants can submit electronic applications on non-working days, and the extra page fee for the description of the sequence listing can be completely exempted.
3) Filing Language: You can submit in any language, but you must submit an English or French translation 2 months after receiving the correction notice.
4. formal review
CIPO conducts formality examination of patent applications ex officio. Power of Attorney and copies of Certified Priority Documents are not required to be submitted.
5. Disclosure, Review and Authorization
A patent application is published within 18 months from the earliest priority date/application date, and anyone can file a request for substantive examination within 5 years from the application date/priority date, and this period cannot be extended. The period for CIPO to issue the first office action is 300 days. After meeting the granted conditions and paying the granted registration fee, the patent application will be authorized. Canada has a post-grant procedure where, after a patent application has been granted, anyone can file a request for reexamination of the patent application based on newly discovered background technology. CIPO conducts substantive examination of design applications.
6. IDS system
Although Canada does not have an IDS system, in actual examination, the examiner generally requires the applicant to submit relevant information about the corresponding foreign application.
7. Expedited review
The average granted time for Canadian invention patent applications is 2-4 years, and applicants can request accelerated examination according to their needs. At present, in addition to the routine accelerated review path, small entities involved in medical technology related to the new crown virus can submit a request for accelerated review. This is a special measure adopted by CIPO in response to the Coronavirus Emergency Act on March 25, 2020.
Advantages of filing a patent in Canada
1. Canada is an excellent country for commercializing intellectual property. The Canadian patent system and unique remedies can force patent infringers to pay huge damages. At the same time, because Canadian case law is not very "friendly" to third parties who file patent invalidation requests, it makes people more inclined to obtain patents in Canada Protect.
2. Business methods are patentable in Canada. For businesses with a variety of new software, fintech and business methods, filing a patent application in Canada is definitely something to consider.
3. The official fee for patent application in Canada is much lower than the fee for submitting an application in the United States or Europe. There is no additional claim fee, and a wider range of protection can be sought.
4. Filing a lawsuit in Canada can save a lot of time and resources, the patent holder has a higher probability of winning the lawsuit, and the infringer needs to pay a certain amount of punitive damages.
5. Enterprises owning certain patent assets in Canada can become a bargaining chip with other enterprises, and increase the cost of licensing technology and cooperate with other enterprises.
Friendliness to Chinese applicants:
★★★★★
Gold content of patent rights:
★★★★★
The degree of perfection of the rights protection mechanism:
★★★★★
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