How to Patent an Invention in Hamilton, Ontario

Hamilton, Ontario, inventors receive patents by submitting an application to the Canadian Intellectual Property Office.

Patents give inventors the exclusive right to sell or use their invention. In Hamilton, Ontario, the Canadian Intellectual Property Office is responsible for handling all patent applications. Preparing and submitting a patent application is an extensive process, and final examination by the intellectual property office takes two to three years to complete. The result of the application process is an approval, rejection, a request for more information or a request to change parts of the application (see Reference 1).

Things You'll Need

• Camera

Instructions

Conduct a Patent Search

1. Search the Canadian Patent database for patents similar to your invention. The database is available online. Use the basic search by entering keywords related to your invention. This database only covers patents issued after 1920 (see References 1 and 2).

2. Use the online Canadian Patent search tool from the Library and Archives of Canada to find patents assigned between 1869 and 1919. This database is also online. Enter valid keywords related to your invention in order to search for similar items (see Reference 1 and 3).

3. Visit the McMaster University Library in Hamilton to further investigate if your invention is patentable. The library has a number of books related to patent searches, as well as an extensive online patent search database (see Reference 4).

Prepare the Patent Application

1. Write the formal petition for your intent to patent an invention. Include your name, address, contact information, the patent's name or title and the names and contact information for any agents or individuals authorized to represent you (see Reference 1).

2. Compose a description of the invention. Ensure this abstract is short -- less than 150 words -- because the Canadian Intellectual Property Office uses the abstract to conduct a thorough patent search (see Reference 1).

3. Describe the invention by writing a complete report detailing the item's concept, development and usage. Include an overview at the beginning of the report, then provide details that cover all aspects of the invention's structure and purpose (see Reference 1).

4. Write the claims part of the application. In this section, you state why you have a legal basis to hold a patent on this invention. The claims section outlines the rights related to use of the invention (see Reference 1).

5. Take photographs of the invention. Be sure to include multiple photographs that show the invention from all sides. Include close-ups of important details as well. If you have not built the invention, drawings are acceptable (see Reference 1).

6. Submit the prepared application. Mail the application to the Canadian Intellectual Property Office, or use the convenient online application form.

7. Request examination from the Canadian Intellectual Property Office. You will receive instructions for this step after the application is accepted. Inventors have five years after submitting an application to request examination (see Reference 1).

Tips & Warnings

• Since the patent application is so extensive, consider hiring an attorney in Hamilton that specializes in Patent or Intellectual Property Law.

• Changes are impossible to make once the patent application is submitted. So, be sure the application is complete and detailed.

References

• Library and Archives Canada: The Patent Process
• Canadian Intellectual Property Office: Canadian Patents Database
• Library and Archives Canada: Canadian Patents, 1869-1919
• McMaster University: Articles/Databases Patents

Resources

• McMaster University: Contact Information
• Canadian Intellectual Property Office: Contact Information