PATENTS
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Why care about intellectual property rights?

 http://www.brint.com/IntellP.htm
"Why care about intellectual property rights? Isn't it something of interest to the birds... or maybe the attorneys? If you said 'Yes', think again!! 

"Consider the internet provider in Lithuania or the one person startup in Canada who download the contents of your site onto their servers, change the headers, and are deriving commercial benefits from that content. Consider the professor in California or the faculty staff member in the UK who believe that they have all the justifications for copying your publication -- without attribution or authorization -- since they are using it only for non-commercial teaching purposes. How about the research lab director at a large northeastern United States university who firmly believes that he is right in making physical copies of your online content on their server for their testing purposes?" 

"All the incidents cited above occurred in reality over the last one year and in each of these incidents the copyright law has implications for the perpetrators, who commit intellectual property infringement with or without intention of deriving any commercial benefit. If you are involved in production or consumption activity in the information chain, you need to, perhaps, care about the intellectual property rights!! "
from www.brint.com



http://strategis.ic.gc.ca/sc_mrksv/cipo/patents/pat_gd_main-e.html

The Basics, from the Canadian Intellectual Property Office

"What is a patent?

"Through a patent, the government gives you, the inventor, the right to exclude others from making, using or selling your invention from the day the patent is granted to a maximum of 20 years after the day on which you filed your patent application. You  can use your patent to make a profit by selling it, licensing it or using it as an asset to  negotiate funding. In exchange, you are expected to provide a full description of the invention so that all  Canadians can benefit from this advance in technology and knowledge. The Patent Office will lay open your application 18 months from the earlier of, a) your filing date  in Canada, or b) your filing date abroad under an international treaty; this date is  known as the "convention priority date." (See Applying for a patent outside Canada.) People may then read about, though not make, use or sell, your invention without your permission. Only after your patent has expired, or lapsed for non-payment of  maintenance fee, may anyone freely make, use or sell your invention. The idea is to promote the sharing of technological information while giving you a monopoly on your creation. 
TO SUM UP, A PATENT IS: 

  •  A DOCUMENT PROTECTING THE RIGHTS  OF THE INVENTOR; 
  •  A REPOSITORY OF USEFUL TECHNICAL INFORMATION FOR THE PUBLIC. 
The rights conferred by a Canadian patent extend throughout Canada, but not to  foreign countries. You must apply for patent rights in other countries separately. Conversely, foreign patents do not protect an invention in Canada."
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Canadian
Intellectual
Property
Office
"What patents ARE NOT?

People occasionally confuse patents with trade-marks, copyrights, industrial designs and integrated circuit topographies. Like patents, these are rights granted for intellectual creativity and are forms of intellectual property. However: 

  • patents cover new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention; 
  • a trade-mark is a word, symbol or picture—or combination of these—used to distinguish the wares or services of one person or organization from those of others in the marketplace; 
  • copyrights provide protection for literary, artistic, dramatic or musical works (including computer programs), and three other subject-matter known as: performance, sound recording and communication signal; 
  • industrial designs are the visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of  manufacture 
  • integrated circuit topographies refer to the three-dimensional configuration of  the electronic circuits embodied in integrated circuit products or layout designs.
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Canadian
Intellectual
Property
Office
"What can you patent?

Key words "Novelty, Utility, Ingenuity"

According to the CIPO, There are three basic criteria for patentability. 

  • First, the invention must be new (first in the world). 
  • Second, it must be useful (functional and operative). 
  • Third, it must show inventive ingenuity and not be obvious to someone skilled in that area.
"1.Novelty To be granted a patent you must be the original inventor. What's more, you cannot obtain a valid patent in Canada if your invention was made public before you filed the application. There is, however, a one-year exception. If you, or someone who learned of the invention from you, discloses it publicly, you can still file in Canada within the year following that disclosure. (This applies to Canadian patents, but not necessarily to foreign ones.) 
2.Utility A valid patent cannot be obtained for something that doesn't work, or that has no useful function. If your design does not work, it will fail the utility test. 
3.Ingenuity To be patentable, your invention must be a development or an improvement that would not have been obvious beforehand to workers of average skill in the technology involved. You can't offer an electric door lock that's merely a bit faster or stronger than others and that any door lock designer could easily come up with. Your door lock must elicit a "why-didn't-I-think-of-that" reaction from other designers in the field."
from  http://strategis.ic.gc.ca/sc_mrksv/cipo/patents/pat_gd_protect-e.html#section02
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Canadian
Intellectual
Property
Office
"Summary of steps to obtain a patent in Canada", 
 http://strategis.ic.gc.ca/sc_mrksv/cipo/patents/pat_gd_protect-e.html#section07
according to the Canadian Intellectual Property Office
  • 1.Find a patent agent.
  • 2.Do a preliminary search. 
  • 3.Help your agent prepare a patent application. 
  • 4.File your application. 
  • 5.Request examination. 
  • 6.Examiner does search for prior patents and studies claims.
  • 7.Examiner either approves or objects to the claims. 
  • 8.Respond to examiner's objections and requirements. 
  • 9.Examiner reconsiders and either approves or calls for further amendments. 
  • 10.If final decision is objected to, you may appeal. 
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Canadian
Intellectual
Property
Office
It costs a lot of money to patent an invention

There are several kinds of fees you must pay to obtain a patent: 

  • filing fees,
    • most of the money you will spend is on lawyer's fees associated with the filing
  • examination fees and 
  • grant of patent fees. 
  • Yearly maintenance fees are required to maintain an application or a patent in force.
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