3 Things You Need To Know Before Patenting in Canada


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.

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