Frequently Asked Questions - Patents

• What is a patent?
• Why obtain a patent?
• Is a patent application mandatory?
• Who can apply for a patent?
• How long is a patent effective?
• How do I obtain a patent?
• Why hire a patent agent?
• Does a patent in Canada protect my rights in other countries?
• What are the steps for obtaining a patent?
• Why is the preliminary search important?
• What do I need to include in my application?
• Will the Patent Office ensure that my patent is not infringed?

---

What is a patent?

Patents are government grants that give inventors exclusive rights to their inventions.

Patent protection applies in the country that issues the patent. In Canada, this protection extends for 20 years from the date of filing. Patents are granted for products or processes that are novel, useful, and inventive (new, workable, and ingenious). In this way, patents serve as a reward for ingenuity.

Patents are vital resources for businesses, researchers, inventors, academics, and others who need to keep abreast of developments in their fields.

Patents are also an important means of sharing know-how, because each patent document describes a new aspect of a technology in clear and specific terms and is available for anyone to read.

Eighteen months after a patent application is filed, the document is made public in order to promote the sharing of knowledge.

In Canada, a patent is given to the inventor who first files an application. It's therefore wise to file as soon as possible after completing your invention because someone else may be on the same track.

 

Why obtain a patent?

Without a patent, you will only be able to protect your invention as a trade secret. Your secret will be out the moment you publish or begin to sell your invention, and anyone will be able to exploit your invention.

Even if you can maintain your secret, if someone else independently makes the invention, that person may be able to obtain a patent and prevent you from exploiting the invention.

 

Is a patent application mandatory?

In order to have patent protection, you must apply for and receive a patent. Since patent laws are national, you must obtain patent protection in each country in which you want protection.

 

Who can apply for a patent?

The legal owner of an invention can obtain the patent. Typically, the owner is the inventor or inventors. However, if an inventor sells his or her rights, then a second party will own the invention and be able to obtain a patent. If the inventor makes the invention as part of an employment contract, the employer may own the invention and have the right to the patent.

 

How long is a patent effective?

The life of a patent in Canada is 20 years from the date the application was first filed.

Payment of maintenance fees throughout the life of the patent is also required to keep it in force.

 

How do I obtain a patent?

You can obtain a patent in Canada by submitting a patent application with the appropriate fee to:

The Commissioner of Patents
The Canadian Intellectual Property Office
Place du Portage Phase I
50 Victoria Street Gatineau, Quebec
K1A 0C9

The Guide to Patents gives additional information on the requirements for obtaining a patent.

 

Why hire a patent agent?

Patent agents are professionals with experience in drafting applications and navigating the patent process. They will be able to help you ensure that you get all of the rights to which you are entitled. A list of registered patent agents is available online and from the Patent Office.

 

Does a patent in Canada protect my rights in other countries?

No. Patent laws are national so you must obtain a patent in each country in which you want protection.

 

What are the steps for obtaining a patent?

There are several steps to get a patent, and the Patent Office has prepared a summary entitled How Your Patent Application is Processed to help you understand the process,

 

Why is the preliminary search important?

A preliminary search may reveal that your invention has been made before. However, no search is ever perfect: If you don't find anything, this does not necessarily mean that your invention is new. In any event, a preliminary search can save you the time and expense of filing a patent application if you do discover that your invention was made before.

 

What do I need to include in my application?

A patent application must include: a petition, a description of the invention, an abstract, a claim or claim(s), any drawing referred to in the description, and the filing fee. Consult the Guide to Patents to determine what information must be included for each of the above requirements, or go to the tutorial on how towrite a patent application.

 

Will the Patent Office ensure that my patent is not infringed?

No. Enforcement of patents is the responsibility of the patentee. Patents can be enforced through the judicial system.