The Inventors Guide

Obtaining a Patent in Canada & USA

BEST TIP
For a detailed description of how to file, go to the CIPO website, click on ‘Patents' and under ‘Getting Started' click on ‘Guide to Patents.' The booklet can be viewed on screen or downloaded and printed from a pdf file.

Patents cover new inventions or any new and useful improvement of an existing invention. According to the Canadian Intellectual Property Office (CIPO), only 20% of patents ever make it to the marketplace … and 95% are for improvements to an existing product.

Do you need a patent?
You may not need or want a patent. For example, if your product has a short lifespan (i.e. some software products); if you're unlikely to have competitors (because your product is complicated/expensive to produce and/or the market is small); or if the cost of patenting is greater than the profit you will make from your product.

Timing is everything – do not file too late or too early!
If you start producing and selling your invention commercially without filing for a patent, you will be too late to get a patent. If you cannot have your idea developed and ready for the market place before your patent application is laid open (publicly posted) 18 months after filing, you will have filed too early.

Where to Begin?

Do a patent search.
You may already have done this in your idea assessment (Step #1 – Assess Your Idea). If you haven't, use the following patent sites. If you find an existing patent, consider ending the process now.

Canada:
- Canadian Patents Data Base: http://patents1.ic.gc.ca
- Canadian Intellectual Property Office: http://cipo.gc.ca
United States:
- US Patent & Trademark Office: http://www.uspto.gov/
- Delphion: http://delphion.com (requires free registration)
World (Europe, Latin America, Asia):
- Intellectual Property Digital Library: http://ipdl.wipo.int/
Japan:
- Japan Patent Office: http://www.jpo.go.jp/

Get a registered patent agent.
Look in your telephone directory under 'Patent Attorneys and Agents – Registered.' Or search for agents at the CIPO website (http://www.cipo.gc.ca ) or US Patent Office (http://www.uspoto.gov) site. Patent agents fees are about $5,000 - $10,000 to file in Canada and the US. The more countries you file in, the more it costs, especially if you have to file in another language.

Be prepared for a long haul.
It takes anywhere from 18 months to 3 years to get a patent in Canada. The process involves a number of steps, listed below. Each step takes time and often requires more paperwork.

Help your agent prepare a patent application. To save costs, you may do this yourself. Refer to 'A Guide To Patents' on the CIPO site.
File your application.
- Request an examination.
- Examiner searches for prior patents and studies claims.
- Examiner either approves or objects to claim.
- You respond to examiner's objections and requirements.
- Examiner either approves or calls for further amendments.
- Appeal, if you object to the final decision.
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