3 Things You Need To Know Before Patenting in Canada

Introduction

If you are reading this post, then you are without a doubt interested in the process of patenting, especially in Canada.

I have conducted a number of studies on this subject. The information provided below is hoped to help you in your venture.

What a patent is not

First of all, let us see what a patent is not. One cannot patent a business name. That is a trademark. Likewise, you do not patent a song, a book or a play. Those are copyrights. Patents are for inventions only, ones that are very useful. These are patented, which means that these are reserved to be used by one entity only for the duration of a definite period. After this period, the technology belongs to the public.

What is a Patent?

Patents take place for useful and original inventions only. In its explanation, a patent is a monopoly that is bestowed by the Canadian Government and by other governments to inventors or a certain period of time. In Canada, this time is 20 years normally from the date of filing the patent document. This allows the developer or inventor the exclusive rights to sell, make, use, import and commercially exploit their invention. The only thing they cannot do is to modify this invention. If they do, then that is seen as a legal modification and the inventor will need to file for another patent for the modified version. In most countries, two patents for the same item is not allowed at the same time. Now, what happens after the period of 20 years, in the case of Canada, is over? When this happens, the patent expires and the public gets full disclosure of the invention.

What can be patented?

An invention can be anything such as a device, machine, tool, a new method of doing something, a new chemical composition, a new chemical product and a new kind of food. According to the Government of Canada’s website has a section on patents, 90% of all the applications are expressly for the improvement of the existing patented developments or inventions. There are some cases where one entity gains the license from the original owner of the invention. The new owner then exploits the invention commercially as it now belongs to them only. However, this is one place where it is best ton take legal advice.
Now, let us look at 3 ways to register a patent.

3 ways to register a patent

1) The invention to be patented must be completely new and should not have been make public before the filing of the patent document application. The applicant should also need to be the original inventor, or the assignee of the inventor. The applicant cannot be someone who has just taken the product or the process that is created by someone else entirely.

2) The invention needs to show usefulness or utility in the way that it is functional. It needs to show how it is beneficial.

3) The invention needs to show that it has inventive ingenuity. It means that it should not be obvious to one who is skilled in the discipline.

If you wish to patent a new development, the best choice is to go ahead with a legal help. You can find many Patent Law Firms in Canada.

These Canadian Patent Advisory Firms can help you in your search for the most stress-free process of Canadian Patent Search.

FAQ to Experienced Patent Law Firm Canada

A company’s relationship with a patent law firm in Canada is usually a long-term one. Due to this, it is important to do your research to ensure you are hiring the right attorney for intellectual property. Most of the patent attorneys in a law firm specializing in either patent prosecution as well as patent litigation.  If you are looking for advice about protecting your invention, look for a firm that specializes in patent prosecution.

faq

Questions to ask the Canadian Patent

Legal experience

A law firm might advertise intellectual property services, but that doesn’t mean they offer services as they promise. However, look for a patent attorney who has experience in handling the patent filings. Some questions to ask.

  • Are you licensed to practice in Canada or across the US?
  • Are you in a good standing position within the state bar association?
  • Does the law firm specialize in patent prosecution or patent litigation?
  • How many patent applications do they handle per year?
  • Do they have experience in the International jurisdiction?
Technical experience

When you want to pass the patent bar, the attorney or law firm must possess proper technical experience. But not all the firm has individuals with the similar technical background. You need a patent law firm that understands the technology you are developing. If your invention deals with nanotechnology, the lawyer must have a background in biology else he won’t understand the bet. Some questions to ask.

  • What fields of technology does the patent law firm have experience in?
  • What degree do the attorneys of the firm have or their qualifications?
Work process

You need to work closely with the Patent law firm Canada for obtaining the patent, so you need to be sure you can work well with. Here are some questions you must ask.

  • Do they represent universities, large companies, independent inventors or all?
  • Who in the patent law firm would work on your account? Do they have enough experience in similar account?
  • What process would you follow when filing patent application? How much time would the inventors need to spend on this process?

 

  • How frequently would they meet with the client?
  • Are there any obstacles that they are anticipating in this case?
Cost of service

While strong patent counsel can be expensive, hiring an attorney from a patent law firm in Canada is a good investment. Choose a patent law firm offering transparent billing policy with proper estimates, etc. Few important questions to ask.

  • What is the billing model? Is it a flat rate or an hourly fee?
  • Do they charge the client for brief phone calls or emails?
  • Can they provide an estimate for the overall cost of filing a patent application?

4 Reasons to Pay Attention to Patent Application in Canada

Start-Ups are the new perennial trend dominating the business scenario. It has been a major force in transforming the way business has been conducted and economies around the world. However, start-ups are significantly popular across nations and have been encouraging other players to come into the market too. This is challenging and at the same time, threatening to the fate of existing ones. So start-ups are increasingly opting for a patent application in Canada.

patent application

What Are Patent And Why Is It Important For New Companies?

Defined in simple terms, a patent is a type of license which is generally issued by the government of a respective nation. The license authorizes the owner or inventor of a project, or idea, or product, the right to claim ownership of the subject in question. At the same time, it gives the license holder the right to exclude others from utilizing, or selling or even copying the same invention.

New companies, rather start-ups are trying to get a foot-hold of the market. They have an original idea, innovative product or project which can make a difference. Hence, if their idea or project is stolen or duplicated, they may do that great damage and even diminish their chances of survival. So they are often protected by patents. Thus, patents offer an assurance of sole ownership of the products, or idea, or project conceived by its original founder.

Smart Ways To Safeguard Your Intellectual Property

The market scenario is highly competitive and has pressing need to be largely innovative. Path-breaking idea and businesses are one of the most ways to ensure a successful business. So it is all the more important to safeguard your intellectual property. But how do you do that? Let’s take a look at the smart ways to protect your intellectual property.

• Own your intellectual property: You take help or assistance from a number of vendors for developing your intellectual property. So make sure to own it before they claim any right over it or ownership on it.

• Timely secure your intellectual property: The best way to ensure sole ownership of your intellectual property is to secure it at the right time. The more time you waste in securing it, the more are your chances of losing it.

• Stay away from interfering in other’s intellectual property: The way you don’t want others to steal your intellectual property, others think the same. So make sure you are not infringing on others’ intellectual property while securing yours.

• Know all about patenting: You must have a detailed knowledge about patenting. Concrete knowledge can save you from misconceptions and thus help in standing guard to your patent as well.

Since now you know all that you wanted to and must know about patents make sure to go right with your patent application in Canada. That’s the first step for a secure and successful business venture.

How to pick the right Canadian Patent Agent?

patent searchWhen you are looking for the best Canadian Patent agent to assist you to develop and file the claim, there are some important considerations you need to make. You simply can’t go about hiring any patent agent just for the sake of it. Remember the right patent agent would make the work hassle-free, unlike an inexperienced agent. Keeping this mind, look for a company offering you experienced patent agents.

Hire registered agents

Decided to hire Canadian patent agent? Well, the first thing you need to do is hire registered agents. Most of the jurisdiction offer thorough training and qualification process that every agent must gain. In fact, the process isn’t quite simple as it might appear to be. For instance, in order to work as a patent agent, the professional needs to quality four 4 hour written tests. These exams test the professional’s ability to draft a patent. That’s not all; the test also checks his ability to prosecute an existing application. There is no need to look for a patent lawyer, a patent agent is enough.

 

Understand their qualification

When hiring Canadian patent agent, ensure you know all about his experience and education. You can’t expect to get good service from an agent who doesn’t have enough knowledge about a patent. If you want to achieve good service from the professional, ensure he has sound knowledge and proper technical qualification.

Hire an agent you are comfortable working with

Simply hiring any Canadian patent agent wouldn’t help you in the long. In fact, there is every necessity to find an agent who can understand you work and provide you proper guidance. Apart from this, find an agent who has experience working in a big firm and serving various clients. If you want good service, it is essential that you hire professionals from a bigger firm as he would have experience in handling the greater capacity of work.

Opt for the best Canadian Patent Lawyer for Proper Application

Are you looking for a professional patent attorney? Then you need to hire the proper patent lawyer in order to make sure that you get the best suggestion to get the best quality deals done. You need to have all the information before you apply for the patent for your personalized product. Canadian patent law says something that is strictly to this country and you need to abide by the rules to get the patent for you personalized product. It is important to check for the rules and regulation of the Canadian government.

Ask questions

It is very important to speak to the attorney about his background and years of experience he has. There are certain things that you will have to make sure when you are hiring the best lawyer for your patent permission. There are many things that require expert advice to get better and smooth patent permission. You need to hire a lawyer who can review the patent application in Canada and suggest you the changes in the application.

Budget

When you hire a professional lawyer, the first thing that you should keep in mind is the budget. This will help you get the best solutions and also make sure that you get the best patent related suggestions. Look for a lawyer with a strong educational and networking background.

Credibility

When you plan to hire a lawyer for your patent application in Canada you need to make sure that you get the best suggestion and has a fair overview of the lawyer. He should be the pro in getting the patent permission done with the excellent and well-revised application. You need to know about the credibility of the lawyer whom you are hiring and this way you can get the best solution at the price that you hiring the lawyer at.
To conclude, it can be said that there are several clauses when it comes to patent application in Canada. Therefore, you need the help of the lawyer in order to make sure that your application gets accepted very easily.

Some Aspects of Drafting Patent Application in Canada

patent processA patent is generally a document issued upon government application which describes a discovery as well as creating a legal situation in which the patented invention can be exploited with the authorization of the patent owner. The patent drafting requirements vary from country to country. However, there are three basic requirements which can be compiled within the drafting of patent application Canada.

First of all, there is a requirement that the application should narrate to one invention just or to a group of inventions so connected as to frame a general imaginative concept. This requirement referred to as unity of creation is especially important when claims are being drafted. The primary area of the description contains two components. They are the title of the invention in addition to the brief statement of the technical field where invention lies.

Secondly, the description should reveal the invention in a way enough clear and finish for the invention to be assessed and also to be done by a man having a bit of skill in the craftsmanship. This is of elementary significance since one of the principal elements of the depiction is to exhibit new specialized data to outsiders. A noteworthy expression to note in this necessity is a man having customary expertise in the workmanship. This takes into consideration a simple description since it can be expected that the reader will be an informed reader having the background knowledge which makes it trivial to depict each central part of the innovation. In drafting this section, the patent office representative in Canada typically sets an existing issue or difficulties which the invention generally overcomes.

Thirdly, for the application to continue it need to hold claims which settle on the scope of the security. The claims must be clear and brief and in addition totally upheld by the portrayal. This third basic essential is important since the claims are the premise of translation of patent security. It is from the cases that outsiders are able to comprehend what they may do notwithstanding what they may not do. The cases may not be impressively more extensive or differing from that which has been portrayed.

Ways of Becoming a Canadian Patent Consultant

A patent attorney is one such individual who does have the specialized qualification that is very much necessary for representing clients in order to obtain patents and acting in all matters and procedures relating to patent laws and relevant practices, which includes the ranks of filing an opposition.

patent

What the patent consultant generally do

Canadian patent consultant is also being defined as a patent agent. They generally help varied organization along with universities and various other individual inventors towards protecting their intellectual property rights. Intellectual property is an original creative idea in the form of original manufactured items along with machines, processes or it can be chemical compounds.

Patent attorney or patent agent performs the same task

Whether you are a patent agent or a patent attorney; you generally perform the same roles. The patent agents and the patent attorneys both have a relevant degree in engineering or in the field of science. Moreover, they have to study the patent rules, the concerned laws and more importantly how the patent office works.

The steps towards becoming a patent agent are quite rigorous

The steps towards becoming a patent agent or attorneys are really quite rigorous. It is to be noted that the major difference between patent agent and patent attorney is that an attorney has additionally graduated from a law school, passed the law bar and his ability to practice law in more than one state in the concerned country.

The patent bar

Both the agents and attorneys have to go through a rigorous examination with a pretty low pass rate to get admitted and enrolled to the patent bar. The patent bar for Canadian patent consultant is officially being defined as Examination for registration to practice in Patent cases before the countries patent and trademark offices.

Disqualification from the bar

Those individuals who are not eligible to apply for the patent bar or as a patent agent or attorney generally include those who have been convicted of crime within couple of years or those individuals after a couple of years of a completed sentence do not really meet the burden of proof of reform along with rehabilitation.
If you are in need of few legal assistance all you can do is get in touch a professional agent and make your task much easier.

Canadian Patent Agents Assure No One Steals Your Invention

Innovation is the way to progress and innovators behind invention solely owns the right to claim ownership over the invented product, or idea, or technology or anything. Now, this right to ownership is secured by Patent. A Canadian patent agent closely works with inventors for helping them to secure patent rights.

patent

Explaining The Concept Of Patent

Patent is the way to ensure right of ownership to the inventor or inventors of anything that is new and provides a technological or procedural solution to an existing problem, or a breakthrough idea, or anything that leads to news findings and development. Patent is a cluster of exclusive rights guaranteed to a person who has invented a product, or idea, or technological solution to particular problem, or invention of a new process to ease certain kind of operations and others. The inventor becomes eligible for patent rights only after disclosure of facts and relevant information relating to the same, to public. The patent, however, is a right guaranteed for limited number of days.

The process of gaining a patent right involves a number of legal formalities. Hence, this calls for the involvement of a law professional, specifically a patent agent.

Who Is A Patent Agent?

A patent agent is one who has formal qualifications to understand the detailed requirements for holding a patent. A patent agent is responsible for drafting and filing the application for patent right on behalf of the claiming innovator. In order to draft a patent, the person needs to have a very good knowledge regarding the technical details and law. So any patent agent is an individual who is qualified to do both.

Roles of A Patent Agent

Patent agents are one of most important professionals for hassle-free operation of business. They play key roles throughout the patent process. Let’s take a look at some of the important roles played by a patent agent or specifically, a Canadian Patent Agent.

  • A patent agent first and fore mostly helps an inventor in understanding that the inventor is entitled to the right of owning an intellectual property invented by him or her.
  • The agent explains the concept of patent and its implications on the interest of the inventor.
  • A Canadian patent agent acts as someone to facilitate intermediation between the government and the inventor. The patent agent is the best person to translate the rules and laws into a layman’s language and facilitate easy patent process.
  • At the same time, a patent agent is the person to look after and book violations in the patent process.

With the help of a Canadian patent agent, gaining your patent right would be easier that assumed.

Being Lawful – Trust A Canadian Patent Attorney For Your Ownership Rights

“Necessity is the mother of invention,” is true to the core but what after an invention is made. In a fiercely competitive environment as we are living now, it highly important to secure your rights over your invention. Otherwise, anyone and everyone can clam right on your invention.  This is why it is very important to get patent for every invention you make; it doesn’t matter whether it is a minor finding or a major invention. Getting patent rights, preferably by a patent attorney in Canada, would be the best way to secure ownership rights of the inventor.

patent claim

What Is A Patent?

Patent is an intellectual property right. It is an important measure to ensure right of owners over their invention. A patent is a collection of exclusive rights. These rights are granted by the state to the inventor. The rights are granted for a limited period of time after an inventor produces enough evidence to claim his or her right over the invention. It is important to note that the invention is acknowledged only when it offers proper solution to any technological problem, or is a product for larger use of people or process for common purposes. The invention has to be any of these and only then it will be considered as an intellectual property. A patent attorney primarily helps an inventor in securing a patent.

Who Is A Patent Attorney?

A patent attorney is a highly demanded professional who has years of experience in the area of intellectual property. Gaining right for one’s intellectual property involves greater understanding of law, rules and regulations of the respective country. A patent attorney is employed at either in a private firm or in patent departments of reputed organizations.

Why Would You Need A Patent Attorney For Obtaining Your Patent Rights?

Information is the key to development. A Canadian patent attorney is well equipped with all relevant information and proper knowledge of the legal perspectives involved with getting patent rights of one’s invention. No armature or even the inventor can fathom the detailed involved with ascertaining patent rights for an invention. So it is best left to be dealt by a representative of law, that is, a patent attorney.

Invention and innovations are ways to development and progress. Assuring and securing ownership right of those respective innovations and inventions are important for safeguarding the inventors’ interest and avoid any wrong doings. Canadian patent attorneys thus help you in securing your right as an inventor.

Canadian Patent Application and How to Apply

The patent agents along with the lawyers in the country of Canada provides the clients with international patent protection along with strategies, solutions and access to the firms established connections with that of foreign patent protection approaches.
What the patent agent and offices can offer-Maximum of the organization offers core patent services of patent search along with providing valued analysis along with patent application preparation, patent protection and creating portfolio management which are absolutely well suited for clients seeking to put into practice international patent protection strategies extending from preparation along with filing patent application. At the same time it helps in put on trial awaiting patent applications in varied patent offices.

patent application

Implementation of international patent protection

Implementation of international patent protection strategies generally involves interaction with the patent examiners and the patent offices in the respective foreign countries. It is to be noted that the patenting ideas of invention can turn out to be a complex process as said by individuals providing Canadian patent application. A much simpler event such as a listing of patent search results during an examination of pending application can turn out to be quite challenging.

  • It is because it helps the clients to have a complete grasp and then comprehend.
  • Thereby throughout the patenting process decision makes a point are being identified for the clients and the practical options are presented to the concerned clients.
  • So as to place the client in the best position is to make an informed decision.
  • Client input and the patenting objectives are always kept in complete focus as experience has shown that this particular business approach is in providing patent services that yields successful and oriented results.

Crystal clear communication strategies– A crystal clear communication are being established right from the commencement of patent protection or as it is defined as patent analysis procedure starting at the initial consultation with the clients and proposed ideas or invention as being said by individuals providing Canadian Patent Application
Furthermore throughout the process of patenting each and every attempt which are being made to communicate complex arguments of patent laws raised by a patent office examiner in short needs practical and relevant terms for the clients.