Patents Guide Ask Us

Overview of Canadian Patents 

In Canada, a patent is a powerful legal instrument issued by the Government that provides inventors with exclusive rights to their inventions for up to 20 years. This legal document is applicable to a range of innovations, including products, compositions, machines, processes, or any improvements to these categories. Obtaining a patent confirms that you hold the sole authority to utilize and capitalize on your invention during the protected period. This exclusivity is crucial as it prevents others from using, manufacturing, or selling the invention without your consent, thereby securing a competitive advantage in the marketplace.

Moreover, holding a patent enhances the commercial potential of an invention in several ways. For instance, it can be a pivotal factor in negotiating financing options with investors who often seek assurance that the innovation is protected against competitors. Additionally, a patent can facilitate licensing deals, allowing you to generate revenue by granting others the right to use your invention while retaining ownership. Ultimately, the patent holder has the option to sell the patent rights, transferring the exclusive rights to another entity. To be eligible for a patent, an invention must be novel, useful, and non-obvious to someone skilled in the related field, ensuring that only genuinely innovative ideas are protected under Canadian law.

The Importance of Patent Literature Searches

Patent literature searches are crucial for anyone involved in the technological, scientific, and business fields. These searches provide valuable insights into the latest inventions and developments across various industries. By examining patent documents, individuals and organizations can identify new research fronts and understand the evolution of specific technologies. This is particularly important for companies looking to innovate, as patents contain detailed descriptions and diagrams that clarify how inventions work, which is often not disclosed elsewhere.

Furthermore, reviewing patents helps to avoid redundancy in research efforts, saving significant time and resources. For businesses, patent literature is a treasure trove of information regarding a company’s strategic direction and new areas of growth, revealing potential licensing opportunities. It also assists in identifying leading experts in specific fields. By ensuring that an idea or invention is not already patented, firms can secure their intellectual property early, enhancing their competitive edge.

Challenges in Navigating Patent Literature

Despite its importance, navigating patent literature can be daunting. Patents are legal documents filled with complex jargon and often do not describe the final commercial product as it appears in the market. For example, patents may present broad concepts without specifying final packaging, manufacturing details, or trademarked names. This means that searching for patents using final product names rarely yields straightforward results, as these names are often trademarked and decided upon after the patent is filed.

Additionally, the actual products may incorporate several patented inventions, complicating direct associations between a single patent and a product. The lack of a peer-review process in the patent application procedure also means that the validity and functionality of the claimed invention might not be as rigorously tested as in scientific research, which relies on experimental success and peer validation.

Navigating Patent Literature Today

In today’s digital age, several tools and databases have been developed to aid in the search and analysis of patent documents. These tools help to decode complex legal language and provide more user-friendly interfaces for searching patent databases. AI-powered analytics can predict trends and identify the most influential patents in specific sectors. Despite these advancements, the fundamental challenges of patent literature remain, necessitating a skilled approach to navigate this crucial but complex information landscape. 

For guidance on how to interpret a patent document, please visit this link. 

References: 

1. Canadian Intellectual Property Office - CIPO. (2024). Patents. Retrieved from https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00001.html

2. MIT Libraries. (2024). Patents Guide. Retrieved from https://libguides.mit.edu/patents

3. United States Patent and Trademark Office - USPTO. (2024). Retrieved from https://www.uspto.gov/patents

4. Pressman, D., & Blau, D. E. (2022). Patent it yourself: Your step-by-step guide to filing at the U.S. Patent Office. NOLO.

Understanding Patent Databases

Patent databases such as the Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO) serve as vital resources for inventors, researchers, and businesses. Unlike general search engines or broader patent platforms like Google Patents, these official databases provide comprehensive, authoritative information on patents filed and granted in their respective countries. They offer detailed insights into the legal status, bibliographic data, and the complete history of patent applications and grants, which are crucial for conducting thorough due diligence, avoiding infringement risks, and understanding the scope of existing patents. Moreover, CIPO and USPTO maintain high standards of data accuracy and are regularly updated, ensuring that users have access to the most current and relevant patent information. This specificity and reliability make these databases indispensable tools for anyone looking to secure intellectual property rights or to survey the competitive landscape in technology and innovation. Here are some key patent databases to assist you in your patent search efforts.

Canadian Patents Database (CIPO)

The Canadian Intellectual Property Office (CIPO) patent database is a comprehensive resource that facilitates the search and examination of patents and patent applications within Canada. It provides detailed information on all aspects of patents, from application through to granting and beyond. Users can access full texts of patent documents, including descriptions, claims, and drawings, making it an invaluable tool for inventors, researchers, and legal professionals looking to secure or understand intellectual property rights in Canada. The database also offers advanced search capabilities, allowing users to filter results by various criteria such as patent number, applicant name, inventor details, and filing date. This specificity makes it an essential destination for thorough patent research and competitive analysis in the Canadian market.

U.S. Patent Databases (USPTO)

The United States Patent and Trademark Office (USPTO) database is a crucial resource for accessing comprehensive information on patents filed and granted in the United States. It offers a wide range of data on patent applications, including full-text documents, drawings, and historical data. The database enables detailed searches through various filters such as patent number, applicant, inventor, and filing date, making it invaluable for inventors, corporate legal teams, and researchers. Additionally, the USPTO database is regularly updated and includes features that help track the progress of applications, check the status of existing patents, and explore the scope of patent claims. This robust platform not only supports legal and technical patent research but also facilitates an understanding of emerging trends and technology developments across different industries.

Espacenet

Espacenet is a freely accessible patent database managed by the European Patent Office (EPO) that offers a wealth of information on patents worldwide. It features over 120 million patent documents from around 100 patent-granting authorities, making it an extensive resource for researchers and inventors. Espacenet allows users to search and retrieve patent publications using a comprehensive set of search criteria including publication number, date, applicant, and inventor name. Additionally, it provides machine-translated texts of patent documents in multiple languages, enhancing accessibility for international users. Espacenet also includes features such as the European Publication Server, providing access to European patent applications the day they are published, and the Patent Translate tool, which aids in overcoming language barriers across patent literature. This makes Espacenet an indispensable tool for global patent research and analysis, facilitating easy access to a wide range of patent information and technological trends.

PATENTSCOPE (WIPO)

The PatentScope database, managed by the World Intellectual Property Organization (WIPO), provides comprehensive access to international patent applications under the Patent Cooperation Treaty (PCT). This extensive database includes over 70 million patent documents from participating PCT countries, facilitating a broad scope of global patent searches. Users can search using various criteria, including patent number, applicant, inventor, and keyword, with additional analytical tools available to refine and analyze search results. PatentScope is especially notable for its multilingual support, offering translations and search capabilities in multiple languages. This database is invaluable for inventors, researchers, and legal professionals seeking to navigate the complexities of international patent law and to gain insights into global technological trends and innovations.

LENS.ORG

The LENS.ORG patent database is a dynamic and user-friendly platform that provides open access to a vast array of global patent data. Aimed at fostering innovation through transparency, LENS.ORG covers over 100 million patent documents from jurisdictions worldwide, making it a valuable tool for researchers and policymakers. The database stands out for its robust analytical tools that enable users to explore patent landscapes, analyze patent citations, and assess the strength and breadth of patent coverage. Additionally, LENS.ORG offers features like biological sequence searching and patent sequence bulk download capabilities, which are particularly useful in the fields of biotechnology and pharmaceuticals. Its commitment to open access extends to linking patents to scholarly and technical literature, providing a holistic view of the influence of patents on science and industry.

Scopus

Scopus is primarily renowned as a comprehensive abstract and citation database of peer-reviewed literature, but it also serves as a valuable resource for patent research. Scopus indexes patent data from five major offices, including the World Intellectual Property Organization (WIPO), the European Patent Office (EPO), the US Patent and Trademark Office (USPTO), the Japanese Patent Office (JPO), and the UK Intellectual Property Office (UKIPO). This integration allows researchers to trace the impact of research outputs in technological innovations and vice versa, facilitating a deeper understanding of the relationship between academic research and patented technology. Users of Scopus can explore patent citations to examine how scholarly content translates into patented inventions, assess the technological relevance of research, and identify trends and collaborations in various fields of technology. This capability makes Scopus an invaluable tool for institutions, corporations, and government agencies involved in research and development. 

Google Patents

Google Patents is a robust and accessible tool that offers free searching of patents and patent applications from multiple countries, including those from the USPTO, EPO, and WIPO. It combines powerful search capabilities with a user-friendly interface, allowing users to search through millions of patent documents using keywords, inventors, assignee names, and patent numbers. Google Patents stands out for its integration with Google Scholar, providing a seamless link between patent documents and relevant scientific literature. This feature is particularly useful for researchers looking to understand the broader context of a patent's contributions to a field. Additionally, Google Patents includes patent family information, legal status, and citations, enabling users to track the evolution of a patent and its global impact. The database is continually updated, making it a valuable resource for inventors, legal professionals, and researchers interested in the latest developments in technology and innovation. 

Discover Patent Books and E-books at UNB Libraries

The University of New Brunswick (UNB) Libraries offer an extensive collection of resources on intellectual property (IP), patents, and patent searching, available in formats such as print books, ebooks, and scholarly journals to suit various learning and research needs. Students are encouraged to use the UNB Libraries catalogue to easily locate and access a comprehensive selection of materials. Whether delving into the complexities of IP law, analyzing patent trends, or seeking guidance on patent applications, the catalogue provides valuable insights and information. The collection includes foundational texts, advanced treatises on specific areas of patent law, and practical guides on conducting effective patent searches, helping users gain a deeper understanding of IP legal frameworks and navigate the intricate world of patents.

Antons, C., & Blakeney, M. (2023). Intellectual property law in South East Asia. Edward Elgar Publishing Limited.

Dreyfuss, R. C. (2023). Improving intellectual property : a global project (S. Frankel, M. Chon, G. B. Dinwoodie, B. Lauriat, & J. Schovsbo, Eds.). Edward Elgar Publishing Limited.

Gervais, D. J. (2021). The future of intellectual property. Edward Elgar Publishing Limited.

Golkowsky, S. (2022). Intellectual property strategies for start-ups : a practical guide. Edward Elgar Publishing Limited.

Pihlajarinne, T., Mähönen, J., & Upreti, P. N. (2023). Intellectual property rights in the post pandemic world : an integrated framework of sustainability, innovation and global justice. Edward Elgar Publishing Limited.

Ricketson, S. (2020). Research handbook on the World Intellectual Property Organization : the first 50 years and beyond. Edward Elgar Publishing.

Rognstad, O.-A., & Ørstavik, I. B. (2021). Intellectual property and sustainable markets. Edward Elgar Publishing Limited.

Schovsbo, J. (2023). The exploitation of intellectual property rights : in search of the right balance. Edward Elgar Publishing Limited.

Stamatoudi, I. A. (2022). Research handbook on intellectual property and cultural heritage. Edward Elgar Publishing Limited.

Guidelines for Citing Patents in Engineering and Computer Science

Citing and referencing patents is a crucial practice in Engineering and Computer Science research, as it helps document the evolution of technology and establishes a clear lineage of innovations and inventors. Whether you're using APA, IEEE, ACS, Chicago, or MLA styles, the key to effective citation is consistency within your document. Each style guide has specific rules for listing inventors, patent numbers, issue dates, and other relevant details, but they all aim to provide sufficient information to enable readers to locate the patents themselves. Engineering and CS students should focus on accurately capturing patent titles, numbers, publication or issue dates, and sources, adhering strictly to the citation format chosen. No matter the style, the essence of citing patents lies in offering a clear path to the original source, ensuring that your work is supported by reliable references while maintaining the integrity and traceability of intellectual property.

Examples of Citation Formats for Patents

APA Style 

References (Example)

        Smith, I. M. (1988). U.S. Patent No. 123,445. Washington, DC: U.S. Patent and Trademark Office

In Text Citations:

        U.S. Patent No. 123,445 (1988)

        (U.S. Patent No. 123,445, 1998)

For more examples and details please see the APA Publication Manual

IEEE Style

Basic Format:

[1] J. K. Author, “Title of patent,” U.S. Patent x xxx xxx, Abbrev. Month, day, year.

Example:

[1] J. P. Wilkinson, “Nonlinear resonant circuit devices,” U.S. Patent 3 624 125, July 16, 1990.

NOTE: Use “issued date” if several dates are given.

For more information please see the IEEE Manual

The ACS Style Guide

Examples:

Sheem, S. K. Low-Cost Fiber Optic Pressure Sensor. U.S. Patent 6,738,537, May 18, 2004.

Petrovick, P. R.; Carlini, E. Antiulcerogenic Preparation from Maytenus ilicifolia
     and Obtaintion Process. Br. Patent PI 994502, March 6, 1999.

Langhals, H.; Wetzel, F. Perylene Pigments with Metallic Effects. Ger. Offen. DE
     10357978.8, Dec 11, 2003; Chem. Abstr. 2005, 143, 134834.

Shimizu, Y.; Kajiyama, H. (Kanebo, Ltd., Japan; Kanebo Synthetic Fibers, Ltd.).
     Jpn. Kokai Tokkyo Koho JP 2004176197 A2 20040624, 2004.

For more information please see The ACS Style Guide

Chicago Manual of Style

Format: 

Names, Creator. Patent title. Patent number, and year of filing.

Example:

Iizuka, Masanori, and Hideki Tanaka.  Cement admixture.  US Patent 4,586,960, filed June 26, 1984, and issued May 6, 1986.

For more information please see the Chicago Manual of Style

MLA Style

This style manual does not specifically mention how to cite a patent; however, it can be extrapolated based on the typical MLA style for other types of materials.

Format: 

Last Name, First Name. "Patent name." Patent XXX. Date.

(The date must be in Day Month Year format.)

Example:

Saunders, Terry. "Scraper plane." CA Patent 2,477,363. 10 August 2004. 

For more information please see the MLA Style Manual

Writing & Study Skills Centre - Citation Help