History

• The foundations of Canada's current Patent Act were enshrined by the British North America Act of 1867. At that time the Patents Act protected the inventions of Canadians for a term of 15 years. Amendments to the Act over the years have permitted foreigners to register for patents in Canada and extended the life of a patent from 15 to 18 years. In 2001, Canada was required to further extend this life to 20 years to comply with current World Trade Organization regulations regarding international property rights (see Reference 4).
  
  

Governance

• The Canadian Patent Office is a part of the Canadian Intellectual Property Office; it is responsible for reviewing applications for patents and granting patents. Once granted, the responsibility of enforcing patents generally falls on the patent holder; if a patent holder believes a patent is in violation, he will have to file a legal claim in court to obtain compensation.
  
  

Application Process

• The first step is to submit a request for an "official filing date" to the Canadian Patent Office with basic personal information and details about your invention. Once a filing date is granted, you should then proceed to compose your formal application which includes an abstract, detailed specifications of your invention, your claims to its usefulness and originality and any relevant drawings. Appointment of a patent agent or representative may be required to file the application. Once filed, your application will be assigned a number, and in time, your patent application will be disclosed to the public. You will then have to request a formal examination of your application for approval; this will not be done automatically.
  
  

Importance

• The Canadian Patent Act supports scientific research and development and, in so doing, benefits the Canadian economy and the people of Canada. Patents protect and reward investments of time, energy and money, which encourages risk taking, creativity and scientific advancement. As the Canadian Patent office notes, "without the possibility of patent protection, many people might not take the risk of investing the time or money necessary to create or perfect new products" (see Reference 3).
  
  

Considerations

• The process of filing an application for a patent with the Canadian government can be lengthy, and it will require a lot of work; be sure to do your research on the latest Canadian patent laws to ensure that your invention is eligible for a patent before you begin the application process. Taking patent violation claims to court can be expensive, and this can sometimes deter people from enforcing their patents; seek legal advice before filing your claim to the court and weigh your options carefully. In Canada, patents are granted to the first inventor to file an application, so it is wise to file as soon as you can.