How to Apply for a Canadian Patent

Canadian patents are issued for a term of 20 years from the time you receive a filing date. As such, this can be a lengthy process. If you want to apply for a Canadian patent, there are a few steps in the process that may be different from what you might have done if you had filed a patent in the US.

Difficulty: Moderate

Instructions

Things You'll Need:

• Abstract
• Canadian patent application and fees
• Product specifications and drawings

1. Conduct a preliminary search to see whether your product has already received a patent or has received a patent filing date from another inventor. If it has, there is no point in proceeding, because you will not be able to get a patent.

2. Search an available online database of patent filings. You can do the search by keyword, inventor name or classification.

3. Get application forms and information from the Canadian Intellectual Property Office's website (see Resources below).

4. Obtain a filing date by submitting an abstract on what you want to patent. You should also include any specifications, necessary drawings that illustrate what you want to patent and pertinent information about you or the inventor. This should include a full birth name and up-to-date contact information.

5. Wait for a Notice of Allowance, and then submit a fee to the Canadian Intellectual Property Office. This is an important part of the process, because your application will be canceled if you do not submit payment.

6. Enlist the help of a patent agent or lawyer to ensure your search is accurate. The Canadian Patent Office will not do this for you, even for a fee. There are a number of firms, such as Owen Wiggs Green & Mutula who can help (see Resources below).

Tips & Warnings

• Consult with a legal firm that specializes in patents, trademarks and copyrights. While you will spend more money, the firm will ensure that everything is filed correctly the first time.
• File a declaration of entitlement when you apply for a Canadian patent. This document is a way to explain why the applicant is qualified to file the patent as of the filing date that was provided.
• Apply for your patent before another inventor. Even if you can prove you came up with the idea first, you will lose the right to win the patent race.
• Do not advertise or publicize your product before the Canadian patent office allows you to do so. This may lead to stiff penalties.
• Remember to maintain your patent as you wait for the Canadian patent office to approve it.

Who Can Help:

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Resources

• Canadian Intellectual Property Office process for filing patent application forms
• Owen Wiggs Green & Matala's legal assistance for Canadian patents
• Canadian Intellectual Property Office's patent database