How to Patent a Product in Canada

Many people have had innovative ideas---perhaps you've even seen an idea you've had marketed on TV by someone else. If only you would have patented the idea, you might have been a millionaire by now. Filling out and submitting a patent application in Canada is not that difficult. In Canada, the Patent Act and Patent Rules govern the patent process. The challenge is to understand the process---a better understanding for the process will make your work toward obtaining a patent more efficient.

Things You'll Need

• Technical drawings or pictures
• $600 ($400 filing fee and $200 examination fee)

Instructions

1. Gather all information that may be necessary for your patent application, including the results from tests, technical drawings, background information to help explain your invention, and the names and contact information of all applicants to be included on the application.

2. Conduct a patent search for examples of similar patents. The Canadian Intellectual Property Office (CIPO) maintains a database in which the public can look up patents.

3. Fill out the application. The CIPO has an application that you can fill out (or download) online. You will need the information gathered in Steps 1 and 2 to fill it out. Once your patent application is received, you will receive a patent filing date.

4. Pay the filing and examination fee (the filing fee is $400 and the examination fee is $200). The examination fee is used to research and review your patent application.

5. Look for publication of your patent. If accepted, the Patent Office will make your patent available to the public. If you have any objections to the patent as published, make these objections known to the agency and/or the representative handling your case. If the Patent Office rejects your application, they will tell you why. Use this information to write your appeal.

References

• Obtaining a Patent in Canada and USA

Resources

• Canadian Patent Database
• CIPO