4 Quick Steps to Patent Your Inventions in Canada

It takes a lot of effort, time, and resources to design, manufacture, and distribute a product, and once you do create something, you want to make sure no one copies your idea. To protect yourself and your invention, you will need to patent it.

The concept of protecting your innovative products is simple, but the patenting process can be quite tedious, especially for those who aren’t familiar with it. Mistakes can occur that can cause your application to be denied, leaving your invention at risk of being copied elsewhere if it ever gets out.

With that said, if you are trying to patent your invention in Canada, here are the steps you can follow to get it done quickly (by patent standards):

Step 1. Carry Out a Patent Search

When filing a patent, the first action you should consider is to conduct a patent search. A patent search may be used to identify other similar inventions and concepts that can reduce the likelihood of you successfully obtaining an issued patent.

To do your patent search, go to the Canadian Patents Database and check there. You will find plenty of patents with descriptions and pictures, over 70 years' worth of patents. However, it isn't enough to simply complete a search of Canadian patents since a patent examiner will complete a worldwide search during the patent process. If you do find something similar or exactly the same as your patent, your journey may ends here. If not, then you can continue. A patent agent can assist with this step.

Step 2. Complete the Patent Application

There are many parts to a patent application, including a title, description, claims and abstract. The description should clearly describe your invention, including the different parts, how they work together and what the intended result is. The more detail that is provided, the better. The claims are used to define the boundaries of your protection. Patent claims must follow a number of different rules to be considered acceptable by a patent office.

The preparation of a suitable patent application can be a daunting task. You want to describe your invention sufficiently so that it can be protected, while also identifying the unique features so that your invention is clearly differentiated from other patents. Once again, you can work with a patent agent to complete the application. Ensure that the agent is registered, as they are the only ones authorized to represent you.

Step 3. File Your Patent Application

Once you have completed the patent application, you need to file it along with a formal petition. In this petition, you are asking to have your invention granted a patent.

If you are writing and mailing the application, you can send the application along with the fees to the Commissioner of Patents at the Canadian Intellectual Property Office. If you will be submitting the application digitally, you have to create an account with Industry Canada, allowing you to submit your patent online and other documents such as pictures and drawings of the invention. Of course, a patent agent can file the application on your behalf.

Step 4. Request Examination

In Canada, your patent application is not immediately reviewed by a patent examiner. You must request examination of your application. With that in mind, within four years of filing your application, a request for examination and payment of the required fee must be done. A failure to request examination within the required time frame will ultimately result in abandonment and a loss of patent rights. Once the request is made, it is not uncommon to wait an additional two years hear from a patent examiner.

Conclusion

Once you have gone through all the steps, all you need to do is to wait. Sometimes, you will receive objections in the form of an office action, in which you are given time to respond. If you do respond, then your application will be reconsidered. That said, the process can be confusing, challenging, and time consuming, and any mistakes can put your patent in peril. Patent agents and lawyers can provide assistance and guidance throughout the process.

Our team in Alberta would be happy to assist you with the protection of your intellectual property. Reach out to us with your patent questions.