The Canadian Intellectual Property Office (CIPO) has been granted status as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT) administered by the World Intellectual Property Organization (WIPO).

Currently, the European Patent Office (EPO) conducts both ISA and IPEA services for Canadian PCT applicants on a cost-recovery basis.  Canadian patent applicants, like most applicants worldwide, have embraced the PCT system. In 2001, there was a 16 percent increase in the number of PCT applications filed in Canada, compared to the 14 percent growth experienced by the International Bureau at WIPO over the same period.

While the ISA/IPEA status was approved by members of the PCT Union on September 27, 2002 at the Geneva annual meeting of WIPO member states, the expected starting date for the new status and commencement of ISA/IPEA services at CIPO will not be until July 2004. 

To achieve ISA status, CIPO met the PCT requirements to function as an ISA/IPEA on the basis of the following attributes:

• a highly qualified, competent and growing corps of patent examiners, with bilingual, sometimes trilingual language capabilities;
   

• a modern and efficient automated patent processing system, supported by a forward-thinking and comprehensive information technology infrastructure;
   

• a vast collection of patent documents and online resources that permit patent examiners to conduct comprehensive searches of relevant documentation; and
   

• an organizational commitment to the pursuit of excellence in client service delivery.

To maintain the high standard set by existing international authorities, CIPO is currently studying search tools implemented by the European and United States Patent Offices.  In conjunction with these studies, CIPO is developing an automated processing system to increase its efficiency in processing and coordinating all PCT applications, beginning with its PCT Receiving Office.  Developing efficient automated systems, as well as having a quality assurance system in place, will hopefully help CIPO become recognized as one of the premiere ISAs. 

In addition, the number of Examiners, currently listed at 222, is projected to grow in number to 350 by the year 2007.  These Examiners are expected to complete an ISA/IPEA training course which is based on the WIPO’s recently revised international search and examination guidelines.  

As an ISA/IPEA, CIPO will be able to provide PCT applicants with greater access to the international patent system by helping them acquire patent rights worldwide. This status will affirm Canada's position as a leading player within WIPO and establish a basis from which this country will become even more prominent on the international stage. It will also reinforce Canada's commitment to continued excellence in the area of service delivery to applicants. 

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The PCT is a multilateral treaty which facilitates the process of obtaining patent protection for inventions in multiple countries through the filing of a single international application.  The PCT application has the same effect as a national patent application filed in each of the designated states. However, the authority to grant a patent resides with the national or regional offices.

During the PCT process, international applications are subjected to a prior art search by an International Searching Authority (ISA).  The international patent applicant can then seek to obtain patents in a large number of countries, whose national offices may benefit from the search and examination reports provided through the PCT process.

The international search is currently provided by one of 10 International Searching Authorities (ISAs) at the following patent offices: Australia, Austria, China, Japan, the Republic of Korea, the Russian Federation, Spain, Sweden, the United States, and the European Patent Office.

The designated ISA produces a report which contains citations of prior art relevant to the patentability of the invention claimed in the international application, but no comments or opinions related to patentability.

Subsequently, the applicant has the option of requesting an international preliminary examination report conducted by one of nine International Preliminary Examining Authorities (IPEAs); these are all the ISAs except for Spain's patent office. In addition to the international search, the international preliminary examination report provides a preliminary, non-binding opinion on the patentability of the claimed invention.