ARTICLE
24 October 2024

Canadian Patent Office Launches New Portal And New Database, Causing Prosecution Delays And Intermittent Access

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
On July 17, the Canadian Patent Office launched MyCIPO Patents. The highly anticipated new database and filing system allows for immediate application number confirmation when filing online...
Canada Intellectual Property

On July 17, the Canadian Patent Office launched MyCIPO Patents. The highly anticipated new database and filing system allows for immediate application number confirmation when filing online, confirmation of electronic submissions and immediate payment receipts. MyCIPO promises alignment with World Intellectual Property Organization (WIPO) ST.27 status information, reduced delays in processing payments and a reduction of manual entry errors by the Patent Office. The aim is to provide better service and more information from the Office.

Unfortunately, unexpected problems with the launch of MyCIPO resulted in a complete lack of public access to, and a complete lack of updating of, the Canadian Patent Database from July 17 to around August 1. During this period, database information was not available by any other means. The database is back online, with much more detailed information regarding the status of patents and patent applications. However, users have noticed inconsistencies in search results and inaccuracy of data.

The launch of MyCIPO also resulted in significant delays in processing incoming correspondence, which are ongoing, as well as a complete lack of outgoing correspondence for several weeks, though outgoing correspondence has now resumed. This has resulted in significant, ongoing, delays in issuance of filing certificates and application filing numbers, for example.

No patents were granted between July 2 and August 20, with patent grant volume slowly increasing in September. Grant dates for July 3 to August 19, 2024 appearing in the CIPO database are in error, and are being corrected. This may affect those considering Patent Register listing or applying for Certificates of Supplementary Protection. No Notices of Allowance have been issued for over three months (since July 17), with the Patent Office indicating resumption is "in progress", with no projected date. Access to many of MyCIPO Patents functionalities are also "in progress".

IP Horizons, a downloadable databank of trademark, industrial design and patent applications filed with CIPO, remains offline.

For more information on the project, and its current status, please visit MyCIPO Patents – What to Expect.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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