Did you know that it is possible to track the administrative status of a Canadian patent or pending application online? Since August 2003, the Canadian Patent Database has included administrative status information linked from any Canadian patent or patent application published in the database. The administrative status information includes filing date, priority information, national phase entry (if applicable), publication date, request for examination date, issue date, and lapse date. Some things that can be done with this information: – track the progress of a competitor's patent application (and time possible prior art "protest" filings); – check if a patent application is abandoned, or if a patent has lapsed; – check if a patent application or patent has been reinstated; or – find out if a request for examination has been filed in an application. There is a substantial disclaimer on the site that the information may not be current or accurate, and the information does have certain limitations. For instance, the database does not report when an office action has been issued or responded to in a pending application. The database is also currently not set up for ownership (or title) searches. It is recommended that online searches be followed up with a paper search of the records in Ottawa. Search the Canadian Patent Database at: http://patents1.ic.gc.ca/intro-e.html. Administrative status terms are explained at: http://patents1.ic.gc.ca/content-e.html#admin. See the database disclaimer at: http://patents1.ic.gc.ca/disclaimer-e.html. Summary by: Jennifer Jannuska If you need further information on any aspect of searching the Canadian Patent Database, please contact Jennifer Jannuska (jjannuska@dww.com).

E-TIPS® ISSUE

04 01 08

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.