The patent office often gives the details about the patents application procedure. The payment notification sends by the third parties. The patent is the copyright that you need when you own an idea or product. This is to make sure that you get the best quality deals in the area. When you opt for the patent application you have to abide by few rule and regulations that come under your country policy. That is where you need to take care of the fact that you get the patent at a very fast pace. A good patent attorney in Canada can always help you out. Continue reading “Noteworthy Factors For Patent application preparation”
The job of any reputable patent services in Canada is to secure an invention to its creator’s name for a certain time period. Within that time period, no one will be able to mimic that idea or the product as all the rights are reserved solely to the inventor.
If you are working on an innovative idea or making progress in something that has never been conceived before, then you need a good patent lawyer or agent by your side. These professionals can be great assets in getting protection for your intellectual property so that no one can steal or copy it.
Now, there are many who contemplate whether to file the patent themselves or get a professional to do it for them. It is true that the law does not require only a lawyer or patent agent to apply for a patent. However, it is always advised that one takes the help of a professional since it is such a complex process.
CANADIAN PATENT SERVICES – WHY YOU SHOULD HIRE ONE?
To release you of the dilemma, here are a few reasons that will prove to you that hiring patent services does only good for you.
UNDERSTANDING OF THE PATENT LAW
It is hard for a layman to understand the complexity and intricacies of the patent law. It involves a lot of legalities that can be difficult for a person to understand and execute. A patent lawyer or patent agent, on the other hand, is well versed with all the existing law pertaining to patents. Not only that they also have the experience of handling patent cases, giving the upper hand.
NO SCOPE FOR REJECTION
Filing for a patent is anything but easy. If there are any mistakes in the application process then the patent can get rejected. Lack of knowledge can lead to such debacles. You can avoid that by hiring a patent firm to take care of all the legal formalities. A patent lawyer and agent will make sure that there is no error in the application process.
FILING THE PATENT EARLY
The sure shot way to ensure patent protection is to get it filed as early as possible. A delay causes someone with an identical idea file for a patent before you. Getting an early filing date minimizes your chances of getting rejected. Taking help of patent services in Canada can help you with that.
These are some of the noted reasons why you should hire Canadian patent services to file a patent for your invention.
The 21st Century technological boom has had a great impact in the field of inventions. People are coming up with new and remarkable ideas and products every other day. Some of these inventions make their mark and thrive while others get lost in the crowd.
Since it is a highly competitive market, there is always the risk of someone stealing your ideas. If not that then there might be someone with an almost identical idea or product. Both situations can cause confusion and lead to all those hours of brainstorming and work gone to waste.
The only way, you can save your inventions from such a fate is by getting a patent with the help of a patent law firm in Canada. A patent acts as a shield of protection for the inventor and the invention. It ensures that you remain to be the name behind your idea or product forever.
WHAT DO PATENT LAWYERS IN CANADA DO?
When applying for a patent, you need a lawyer who is specialized in dealing with patent litigation. It is a complicated process that requires the expertise of an experienced patent lawyer. These law professionals aid the inventors during the entire process. They ensure that all of the inventor’s works and ideas are protected legally. They are well versed with the rules and regulations related to the patenting process. A patent lawyer will file the necessary documents, negotiate contracts and represent the inventor legally.
CANADIAN PATENT LAWYERS – WHAT TO LOOK FOR?
Choosing the right Canadian Patent law firm makes all the difference, as the quality of the patent written depends a lot on the quality of the lawyer. So you need to make sure that you hire a reliable and experienced professional for a job. Here are a few traits to seek while hiring a patent lawyer:
Writing a good patent requires sufficient experience. So before hiring you must inquire about the number of patents that the lawyer has issued in the past. Getting a patent is complex and knowing the success rate of the law professional helps you in making the right choice. With experience comes the expertise to tackle the challenged that one might face along the way.
A patent is as good as how one writes it. The writing should be clear and precise so that there is no difficulty in understanding the invention. That’s why it is very important that the patent lawyer has excellent writing skills. For reference, you can ask for patent applications that he/she has written in the past. That will help make your hiring easy.
GOOD AT COMMUNICATION
Invention means something new, that no one has ever heard of or seen before. The job of a patent lawyer is to introduce a new idea and product, so the job of explaining falls on his/her shoulders. The patent lawyer should be able to explain all the essentials of the invention all the while simplifying the technical jargon. It should be easy to understand for people even if they have no idea about the particular subject.
These are the traits that you must keep in mind when hiring patent lawyers in Canada. Just remember that the future and fate of your invention depends a lot on the expertise of the law professional you hire.
Like every year, 2018 also saw a change in the Canadian patent landscape. On September 30th, Canada, U.S., and Mexico came to an agreement regarding the re-negotiation of the NAFTA (North American Free Trade Agreement). The agreement called the United States–Mexico–Canada Agreement (USMCA) was signed by United States President Donald Trump, Mexican President Enrique Peña Nieto, and Canadian Prime Minister Justin Trudeau on November 30, 2018 However, none of the 3 countries have yet ratified the USMCA. If the USMCA is ratified and comes in to force, Canada will have time limits varying from 2.5to5 years to meet relevant Intellectual Property requirements. Canadian businesses should be aware of at least the following expected impact of USMCA on Intellectual Property in Canada:
- Drug products that contain a biologic medicinal ingredient will have the term of regulatory data protection increased to 10 years which is currently 8 years.
- Drug products that do not contain a biologic medicinal ingredient will likely not be effected as to term of regulatory data protection as Canada’s existing protection of 8 years appears to satisfy minimum requirements of USMCA.
- “Unreasonable delay” USMCA defines “unreasonable delay” to include at least a delay in the issuance of a patent of more than five years from the date of filing of the application, or three years after a request for examination of the application has been made, whichever is later.) in patent prosecution and issuance will be eligible for patent term adjustment.
- USMCA requires determination of “pre-established damages” for trademark infringement in an amount sufficient to constitute a deterrent to future infringements and to compensate fully the right holder for the harm caused by the infringement”.
- An increase in copyright protection to the life of the author plus 70 years (from the current term of life of the author plus 50 years).
The Intellectual Property provisions of the USMCA count 63 pages long, and will require analysis for years to come to recognize risks and benefits as Canadian legislation and schemes are brought into effect to meet USMCA requirements. However, initial perceptions are that if ratified in its present form, the USMCA will bring positive changes to Canadian Intellectual Property protection and will give greater scope to patentees.
Canada has declared Bill C-86 that includes proposed changes to Patent, Trademark and Copyright legislation. It was tabled in the House of Commons on October 29th, 2018. This can result in significant changes to Canadian Intellectual Property legislation that should be noted by Canadian business.
Proposed changes to the Patent Act include:
- Giving rights to the Governor in Council to control standard essential patents which were related to the technology that requires complying with technical and industrial standards.
- Altered scope of Prior User Rights –prior use to be defined as both an “act that would otherwise constitute an infringement” and “serious and effective preparations” to commit the act and prior user rights to be transferrable if the prior user is a business.
- Changes to provisions for exemption of experimentation from patent infringement – the proposed amendment removes the requirement that the experimentation must be done for non-commercial use.
- Proposed College of Patent Agents and Trade-mark Agents Act that would govern licensing and professional conduct requirements of patent agents or trade-mark agents.
- Proposed consideration of prosecution history or file-wrapper estoppel to bring Canadian patent practice closer to US practice– written communication made during patent prosecution could be considered to interpret meaning of a patent claim or a representation made with regard to a patent in certain court proceedings.
Proposed changes to the Trademarks Act include:
- Addition of bad faith as a basis for opposition to a trademark registration.
- The Bill also provides additional powers to the Registrar including an ability to remove official marks owned by entities that are no longer existent.
- Evidence of use in Canada or special circumstances excusing absence of use of a registered trademark to obtain relief for infringement or depreciation of goodwill. This is applicable only till the third anniversary of the registration.
In the passing year, Canadian patent and other intellectual property legislation has been subject to much and it is important to keep yourself updated for the same. Bill C-86 is an extensive document of over 800 pages in length that will require many years of detailed analysis to determine its impact, but initial perception is that it provides a positive step in efforts to make Canadian intellectual property protection more efficient for Canadian commercial interests.
The problem of patent rejection
Sometimes, it happens that the patent that you apply for is not accepted at first. Sometimes, it needs to be applied for again. Let us see what the steps there are to get a patent first, and then we shall see what you can do when the application is rejected.
It happens many time, that when someone’s patent application rejected, the applicant loses hope and does not make an effort a second time, or makes a passive effort at best when a second application is all that is needed! Part of the reason is that most applicants are not familiar with the legal formalities or the rules.
Corresponding with your Patent Office
The very first stage is to approach a Patent Law Firm in Canada, or get in contact with the Patent Office. Before forwarding the patent application, you may want to get the professional help of a registered patent agent. He or she shall help you to make certain changes to the application as needed, or to scrap it altogether. Now, if there is a minor defect, then the officer in charge shall send what is known as an ‘office action’, which is a report that tells about requests and objections regarding to changes to be done on the patent. In some cases, the officer in charge may even contact you! In response, you need to improve on the patent application and return the phone call. This communication continues until the application is either examined and accepted or completely rejected.
If your application is rejected, do not panic! All is not over yet. All you need to do is to make the necessary changes and submit the application once more to be reviewed. If you have not used the services of a professional registered patent agent yet, it is strongly recommended that you do so now.
What you can do
When your patent application is rejected by the examiner, you get the ‘Final Action’ report we mentioned earlier. When you get this, it means that you have a last chance to edit and submit the application. The Patent Office Board is the body that finally reviews your application, along with all the evidence that you need to pass the application.
It is understood that sometimes it is hard to pass a patent. Sometimes it is rejected, and that results in considerable problems. Fortunately, there are companies like. that acts against patent rejections.
Source: I have gathered a fair amount of the information given above from Patent Axis Inc.
Patent Axis Inc is a company that provides efficient and world-class patent application management services like Canadian Patent Search.
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.
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.
Questions to ask the Canadian Patent
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?
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?
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?
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.
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.
When 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.