How to Get a Canadian Patent

Canadian patents guarantee the patent holder the exclusive rights and privileges of producing and selling a product or device in Canada for up to 20 years from the date of issue. Patents are a reward for creative inventions and promoting shared knowledge among those who look for ways to expand the developments of their fields in business, academics, science and research. Applying for a patent of a potentially new invention requires several specific steps according to the process governed by the Canadian Intellectual Property Office.

Difficulty: Moderate

Instructions

Things You'll Need:

• Patent requirements
• Patent agent (if desired)
• Application and fees
• Invention drawings and description

1. Find out what restrictions there are on patents before applying. The Canadian Patent Act requires a combination of utility, ingenuity and novelty for items it will patent. Canada usually offers patents for mechanical devices, electronics, pharmaceuticals and chemical compositions but not for a business method as the U.S. does. The Canadian Intellectual Property Office (CIPO) is responsible for keeping records, requirements and processing patents for Canada.

2. Perform a preliminary search for a record of your invention having been made or patented before your work. Use the Canadian Patents Database online to perform free keyword, title or inventor searches for an existing item.

3. Hire a patent agent to aid in the preliminary search or to improve your application with knowledge about the patent laws in Canada. A patent agent is not required in order to file an application, but can provide additional expertise on the legal aspects of patent processing.

4. Visit the CIPO Client Service Center in Gatineau, Quebec or send your patent agent to perform a more thorough search of existing patents. A zero-return during the preliminary search doesn't guarantee your invention is new, as some patents exist for items that are not in the public market.

5. File a patent application with the processing fees, to the Canadian Intellectual Property Office. Delays to your application may occur if the application is incomplete, requires changes or is challenged by the patent office or another party. Processing a Canadian patent application can take up to three years.

6. Include the required drawings and information. A patent application needs to have a properly written petition, followed by a description of the item with appropriate drawings if mentioned in the description. It also includes an abstract, one or more claims and the application filing fees. For specific assistance in writing a patent application, use the CIPO tutorial found on their website in the "Guide to Patents."

7. Be patient and respond to correspondence from the Patent Office in a timely manner. Once your patent is issued, be sure to pay the regular maintenance fees according to the CIPO schedule of fees in order to maintain your patent.

Tips & Warnings

• Start the process by reading the "Guide to Patents" published as a downloadable pdf on the CIPO website.
• Patents are national government grants, only valid within the issuing country, so to acquire multinational protection the inventor must apply in each country.
• Patents are issued to the first inventor who applies, so the sooner you can apply to patent your invention the better.
• The patentee is responsible for enforcing the patent, not the Patent Office. If you suspect infringement, use the legal system to address it.

References

• Canadian Intellectual Property Office
• Get a Patent: Canadian Business Online

Resources

• Canadian Patent Office - Your New Patent

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