Canadian Patent Filing and Enforcement as a "Trial Ballon"
- lower government fees
- no file wrapper estoppel
- Information Disclosure Statements are not required
- Canadian examiners rarely issue final actions and there are no continuation, CIP or RCE procedures
- Canadian examiners also routinely search in the U.S., Canadian and European databases
"The case for litigating in Canada, as opposed to the United States, is [also] a strong one," notes Dennis in another article. "The two systems are similar enough in their view of patent law, yet litigating in Canada is a much simpler, more streamlined and far less expensive prospect. A successful Canadian result may be used in several ways, whether as leverage in worldwide settlement negotiations or as a dress rehearsal for a day in a U.S. court."