Tanner, How Do I... is a blogging series in which Steven
Tanner provides helpful answers to IP law questions.
You want to download a Canadian patent. Is this
possible? Yes! And here's how.
There are three good ways to download a Canadian patent.
1. My Preferred Way to Download a Canadian
My preferred way to download a Canadian patent is by using the
patent retriever tool at ippractice.ca. Be sure to type "CA"
before the seven-digit Canadian patent number and you should be
fine. The website will send a full length pdf of the patent to your
inbox, usually in seconds.
Make note of the option to "check this box to skip the
cache" which is located below the text box. I have run into
problems where I had previously downloaded a patent application
that had subsequently been issued as a patent. I could only receive
the application because it was stored in the cache. By checking
this box the website conducts a fresh retrieval of the patent.
While you're at ippractice.ca I suggest you look
around. It is a useful resource on intellectual property
matters in Canada.
2. Downloading Directly from the CIPO
Another way to download a Canadian patent is to do so directly
from the Canadian Intellectual Property Office (CIPO) website. CIPO's site allows you to
download portions of patents if you know the patent number . If you
don't know the number, or are searching for patents with
specified subject matter, you can try the advanced search function.
A drawback of CIPO's site is that full pdfs of patents are
not available. Rather, you need to download the individual
components of the patent and then combine them together yourself to
create the whole.
Another popular website to download both Canadian patents and
patents from other jurisdictions is Espacenet.
Competition may be on the horizon. Google has a website
dedicated to patent searches. Presently, its search
functionality does not extend to Canadian patents, but if that
changes it may quickly become a go-to choice.
Got a question? Drop me a line at email@example.com and
I'll try to make it the subject of a future "Tanner, How
Next up: Tanner, How Do I... Find a Patent Agent?
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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