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The Canadian Intellectual Property Office, located in Gatineau, Quebec, is responsible for granting intellectual property rights in Canada. Under Canadian law patents can be issued for processes, machines, manufactures, compositions of matter, or a new and useful improvement of an existing invention. Industrial design rights can be granted to protect the unique visual features of a finished article. Utility patents have a term of 20 years from the date of filing or earliest priority date; industrial design rights are valid for a 10 year term from the date of registration. Canadian law provides for compulsory licensing when a patent right is being “abused;” however, compulsory licenses are rarely granted.
National applications in Canada must include a description of the invention in English or French. Applicants can file a minimal application to obtain an early filing date. If an applicant files a minimal application, the applicant has 15 months to complete the application by filing an abstract, claims, and drawings.
Canada is a signatory to the Patent Cooperation Treaty and the Paris Convention. PCT applicants designating the CIPO as the national receiving office have 30 months from the PCT priority date to enter the national stage.
The agency in charge of issuing intellectual property rights in Mexico is the Mexican Institute of Industrial Property, with main offices in Mexico City and five regional offices around the country. Patents can be issued for products, processes, or uses created by humans that can transform matter or energy. Industrial design protection extends to the unique appearance of a product as well as three-dimensional models that serve as a prototype or template for the production of a product. Finally, utility model registration protects modified tools that present a different function regarding its parts or utility advantages. Patent protection lasts for 20 years from the date of filing; industrial design protection lasts for 15 years from filing; and utility model protection lasts for 10 years from filing. Mexican law does not provide for the filing of a provisional application to preserve an earlier priority date.
Mexico has acceded to both the Patent Cooperation Treaty and the Paris Convention. National applications must include specifications in Spanish, and any portions not in Spanish must be accompanied by a Spanish translation. PCT applicants have 30 months from the PCT application’s priority date to enter the national stage.
In France, the National Intellectual Property Institute (INPI), with offices in Paris and around France, is responsible for granting intellectual property rights. Under French law, inventions must be novel, inventive, and capable of industrial application to qualify for patent protection. Rights are also granted for unique designs, whether two-dimensional or three-dimensional. Patents provide protection for 20 years from the date of filing. Designs are protected for 5 years from the filing date. A patent application filed with the INPI may be in any language, but a French translation must be provided within two months of filing.
France is a signatory to the Patent Cooperation Treaty, the Paris Convention, and the recently introduced unitary European Union patent. While France is a party to the Patent Cooperation Treaty, PCT applications designating France are processed by the European Patent Office. Such applications must enter the national stage within 31 months of the priority date.
The Deutsches Patent und Markenamt (DPMA), with main offices in Munich, the Technical Information Office in Berlin, and a satellite office in Jena, is responsible for issuing patents and utility model and design rights in Germany. For an invention to be patentable, it must be novel, inventive, and have industrial applicability. Patents will not issue for scientific theories, mathematical methods, aesthetic creations, or business methods. Patent protection lasts for 20 years from the date of filing. Utility model protection, characterized as faster and lower-cost protection, lasts for up to 10 years and can be granted in a few weeks after application. Finally, design patent rights protect the design of three-dimensional objects and in some cases two-dimensional patterns.
A patent application filed with the DPMA must include a technical description of the invention, claims, drawings if necessary, an abstract, and the identity of the inventor(s). The application must be filed in German, or if the application is in a foreign language, a German translation must be filed within three months
Germany is a party to the Patent Cooperation Treaty, the Paris Convention, and the recently introduced unitary EU patent scheme. . PCT applications must enter the national stage within 30 months of the priority date.
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