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.

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.


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?