Types of protection

Patent: Patents cover new and useful inventions (product, composition, machine, process) or any new and useful improvement to an existing invention.

Industrial Design: An Industrial Design protects the visual features of shape, configuration, pattern or ornament, or any combination of these features applied to a finished article.

Provisional Patent: Canada does not offer provisional patent applications; however, there has been a process in Canada since 1996, which is similar to the process in the U.S., where an applicant can get an early filing date in Canada without filing a complete patent application. Unlike a U.S. provisional patent application which must be filed as a non-provisional application before becoming a patent, in Canada, a second patent application may be filed claiming (internal) priority over the previously filed application. Requirements include a request in writing to have a patent granted, a document in English or French describing the invention, the applicant's name and address (or their patent agent's address); and the filing fee.¹

Convention and treaty membership

Canada became a member of the Patent Cooperation Treaty in January 1990 and is a signatory to numerous treaties and conventions including, but not limited to the following:

• Budapest Treaty
• Paris Convention
• Rome Convention
• Strasbourg Agreement
• WIPO Convention (June 26, 1970)²