How to Patent an Invention in Canada

Patent applications are complex and they can take alot of time and money to complete.

Canada's Patent Act outlines the rules and processes of obtaining a Canadian patent, which gives individuals exclusive rights to develop, manufacture, use or sell an invention of their own devising, for a specified period of time. As stated in the Act, an "invention" is "any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement of these." The process of obtaining a patent can take years; applicants can improve their chances of receiving timely and thorough protection for their invention by adhering to strict content and format rule of application.

Things You'll Need

• Computer
• Internet access
• Money

Instructions

1. Conduct an initial patent search to ensure that your invention is unique, as well as market research to make sure that there is demand for what you are developing. You wouldn't want to spend time, effort and money developing something that was doomed from the start. Search through current and pending patents through the Canadian Patents Database at the Intellectual Property Office's website.

2. Prepare a patent application. A formal application includes a petition, an abstract, detailed specifications of the invention, claims to its usefulness and originality, and any relevant drawings. A petition is your formal request for a patent, and it will include the names of inventor(s), the name of the invention, and the names of any patent agents you have appointed. the abstract is a short summary of the invention and its uses; it is primarily used for searching purposes. The description of your invention and claims to its originality make up the bulk of the application; background information on the invention must be provided, and specifications should be given in increasing levels of detail as the description proceeds. The claims section is where you make your legal claims for the protection of the invention and/or its component parts. If your invention can be illustrated a picture should be included in your application, labeled if necessary.

3. File your application. Submit your application to the patent office; the day on which you do this will be your filing date, and this is very important. In Canada credit for an invention is given to those who file their patent application first, not to those who first get their application approved. Once received, your patent application will be given a number and you will receive a filing certificate; the patent office will then disclose your application to the public.

4. Request an examination of your application. This will not be done automatically. \you must formally request that an examination be done in writing, and send the relevant examination fee to the patent office. The request can be made immediately when you file, or within five years of your filing date. Objections or requests to change parts of your patent claims may be offered in a detailed "Office Action"; a report listing required changes. The Patent Office will then accept or reject your patent application; in the latter case you can appeal the decision or start again.

Tips & Warnings

• For a more thorough preliminary patents search you can hire a professional patents searcher or visit the Canadian Patent Office's Client Service Centre located in Gatineau Quebec. If you are worried about getting your patent application filed before a competitor you may request an "early filing date" and submit a brief statement requesting a patent, a document that describes your invention, your name and address and the filing fee. Keep in mind, however, that once you have filed your application you cannot add to or change the claims you have made in the document, so it is wise to have fully developed your invention before you file.

• The process of filing an application for a patent with the Canadian government can be lengthy, and it will require a lot of work; be sure to do your research o the latest Canadian patent laws to ensure that your invention is eligible for a patent before you begin the application process. Taking patent violation claims to court can be expensive, and this can sometimes deter people from enforcing their patents. Seek legal advice before filing your claim with the court,and weigh your options carefully.

References

• Department of Justice; Patent Act
• Canadian Intellectual Property Office; Turtoial - Your Patent Application
• Canadian Intellectual Property Office; A Guide to Patents