2018-03-29
Regardless of the number of patent lawyers and agents you consult, the answer to this question isn’t straightforward. However, roughly speaking, it takes approximately 36-40 months to obtain a patent. The number fluctuates on the basis of various factors. Assuming that you are granted a patent, there are certain variables that actually determine the time it takes to get a patent. The primary of these variables is fairly mathematical – The ratio between the numbers of patent applications the Canadian Intellectual Property Office receives and the number of patent examiners involved in the examining process. However, that’s not the only variable to consider. Let us explore the other variables to get a firmer answer to the question.
The Application-Examiner Ratio
There are periods when the examination process speeds up. The prime reason for that is the reduced number of applications that the examiner is tasked with. On the other hand, the examination process is slowed down when the flow of patent applications increase. Assuming the number of examiners remain the same, the speed at which the applications are examined depends on the number of applications in total.
The Application Process
Another variable, which directly dictates the time you’ll need to secure a patent, is the route your patent lawyer or agent chooses. It’s important to secure an early filing date. In certain cases, commencing with a provisional patent application makes logical sense, especially if the invention hasn’t reached the final stage of development or if you’re facing a financial constraint. This is another reason why consulting a patent agent or lawyer is important for those uncertain about the workings of the patent application process. It provides inventors with critical guidance.
The Field of Technology
While patents generally refer to ground-breaking technological inventiveness, these inventions are subject to categorization. A variable, which directly determines the time it takes to get the patent, is the patent category. The categories under which the International Patent Classification (IPC) determines the technological fields for patents include ‘Chemistry; Metallurgy’, ‘Performing Operations, Transporting’, and ‘Textiles, Paper’ to name a few. This distinction matters, since the examiners for each field of technology vary in number, and so does the number of applications received under each field of technology varies. This disparity will determine the time it takes to secure a patent.
Lastly, the time frame within which your invention receives a patent also depends on when you pay the examination fee and how unique your invention is. Filing a patent isn’t a simple process. Having a patent lawyer or agent assess and draft your patent in a timely manner can make all the difference, especially when there are other inventors developing similar technologies. For these reasons, inventors should consult with a patent agent or lawyer.
