Four Factors to Determine if You Can Patent an Idea in Canada

Many businesses thrive on innovation in technology and developments. In many cases, these innovations are protected by patents. When a patent application is filed, the owner can claim patent pending status. Patent pending status may allow the patent owners to create and build their inventions while reducing the threat of larger companies replicating or stealing the invention. If you live in Canada and want to file for a patent, you should consider these four factors.

Subject Matter

The first "test" for whether something can be patented pertains to the subject matter. Not all inventions include patentable subject matter. In Canada, your invention will need to fall under at least one of the following:

• Art
• Process
• Machine
• Manufacturer
• Composition of Matter
• Improvement on any of the above

However scientific principles, forms of energy, abstract theories, and mere ideas are not protectable by patents. Case law has also established other areas that are not patentable such as higher life forms.

Novelty

Your invention must be considered new. To be new, it must not have previously existed anywhere in the world. If it is your invention, a patent application must be filed within 1 year of a public disclosure. After 1 year, the invention no longer qualifies for patenting. A new combination of innovation that has not been patented before. It's also worth noting that Canada utilizes a first-to-file system, where the first person to file is the one who obtains the patent. This is true in most cases, unless there is a lawsuit for intellectual theft.

Utility

In Canada, a patent must be useful for its specified purpose. This means that the invention must serve a purpose. This requirement is met where a mere trace of utility is found.

Inventiveness

Patents must also be non-obvious. Non-obvious is a patent term that relates to what a fictional skilled person in the art would understand through their common general knowledge. If the subject matter of the patent application is described in other patents/applications and a person of skill would be capable of using the knowledge from each to create the invention, it may be considered obvious.

If you believe your invention has these qualities, contact us for a free consultation.