Canadian Patents

Patent Basics: Information on the Fundamentals

 

An issued patent is a 20 year government-granted monopoly to an inventor make, use and sell an invention.  The applicant must be the inventor, or have acquired ownership of the invention from teh inventor.  The process starts with drafting and filing a patent application, which must contain an Abstract, Disclosure, and Claims.  The filed application is then examined by a Patent Examiner.  Only claims that are new, useful, and inventive will be allowed.  The rules that govern whether an invention is ‘new’ vary in different countries, sooner or later publication will act as a bar to patenting.  The process of interacting with the patent office is known as “prosecution”.  If any of the claims is allowed, the patent will issue.  The applicant must pay maintenance fees during the life of the patent to maintain it.

A provisional patent application is an initial filing to secure your rights.  It must be replaced by a full patent application within 12 months to continue your patent claim.

Patents are applied for on a country by country basis, with each country having slightly different laws and its own processes and fees.  Most Canadians start with either a Canadian or United States provisional patent application, and then decide how many countries to file in depending on the nature of their invention and their budget. 

A patent is not a product, nor a guarantee of commercial success.  An issued patent does not guarantee that you can work your invention – you may require the consent of other patentees if your invention infringes claims in their patent.

Much more information about patents can be found on this site at Information, our main website www.miltonsip.com and in our book, Canadian Intellectual Property Law For Dummies.