2020-12-18
People have ideas all the time, however it is one in a million of these ideas that turns into a viable invention that causes an industry to advance in leaps and bounds. These inventions drive progress in the economy one way or another. In order to drive innovation, governments recognize these contribution by establishing a stable patent system.
In particular, patenting in Canada serves as a form of incentive for business leaders, inventors, scientists, designers, and other professionals to strive for economic development. This rewards curiosity by extending exclusive benefits to patent owners in exchange for disclosing their invention to the public. The application process, however, is not as straightforward as it seems.
How do Patents Work in Canada?
As mentioned above, patenting in Canada gives you the full right to claim the invention as your intellectual property, which provides you with exclusive rights to make, use and sell the invention for predetermined period of time, assuming that you successfully traverse the patent system. The creations typically refer to innovative products, machinery, process, formula, or composition.
All these inventions must also meet three of Canada's essential patentability criteria: novelty, which ensures the product is one of a kind; utility, to guarantee that it is usable; and inventiveness, which highlights the invention’s resourcefulness and unorthodox approach.
When filing a patent application, it is important that the invention be described in significant detail. Including information about the benefit to society can be beneficial. As soon as your application is filed, you can claim patent pending status. Once a patent application is filed, it remains confidential for the first 18 months from either the filing date in Canada or the filing date from your country of origin, or convention priority date, whichever comes first. A patent owner can take advantage of the confidential period to begin marketing and selling their invention and/or seeking investors.
How Long Does a Patent Last in Canada?
Typically, a patent lasts for a maximum of 20 years from the date your application is filed. In order to have patent protection for the full time period, all required fees and process requirements must be met.
Ideas are a Dime in a Dozen
Keep in mind that abstract ideas cannot be patented, so you can only put a legal claim on a concrete expression that gives life to your creativity - be it an idea for a piece of specific machinery, a newfound chemical, or the process in which you can uniquely execute this idea.
The Bottom Line: A Simple Overview of Patents in Canada
Patents protect people’s original developments and act as a reward for driving innovation forward. It creates opportunities to profit from their invention, allowing you to strengthen your competitive position in the industry by providing something useful to your field.
Ideas are not rare, but bringing an idea to life to create an invention can be. Protecting that invention with a patent can be valuable.
How Can We Help with Intellectual Property Protection?
Our team is knowledgeable in intellectual property protection and can assist in the protection of your invention. We can also provide assistance related to other types of intellectual property including trademarks, copyrights and industrial designs. Get in touch with us at 587- 400 -1911 and see how we can assist you and your business.
