The Patenting from Filing an Application to the Granting

Opening a file: upon receipt of a patent application, if all required documents are provided and are in good order, and the correct fee is remitted, a file is opened, a filing date is established, and an application number is assigned. A filing certificate is issued within four weeks of receipt of the application.

Classification: the application is classified according to the international patent classification (IPC).

Publication: eighteen months after the date of filing, a patent application is made available to public inspection in the Patent Office search and on CIPO’s website as described on how to get a patent with InventHelp article.

Examination: within five years of the filing date, a formal request for examination must be made, and the prescribed examination fee remitted. This request is typically included with the application, and if so, it is acknowledged in the filing certificate. Normally, within two years of the request, examination of the application commences to determine whether it complies with the patentability requirements as stated in the Patent Act and the Patent Rules.

Publication: eighteen months after filing an application (or earlier, on special request) it is “laid open” for public inspection. This allows the public access to application materials, and an opportunity to raise challenges to the validity of an application.

The patenting process, from filing an application to the granting of a patent, typically takes two to three years. Hiring professionals, such as InventHelp, to help you is recommended as the process is not simple.

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