2021-06-30
With the world becoming more digital every day, the average person has become more dependent on technology to live their lives to various extents. Ultimately, this creates great opportunities for software developers to make a profit.
By living vicariously through their smartphones, tablets, laptops, and computers, today’s citizens rely on digital media to handle big and small tasks. Developers have adapted their products to fulfill different needs and make life easier. Unsurprisingly, this same development has placed a greater need to develop digital work and software because of the array of opportunities that lie ahead.
If you are a developer with a passion for transforming lives and providing solutions that people can rely on, then you are definitely in the right place. Creating "the next big thing" can be challenging and time-consuming. Understanding how to protect it from being misappropriated by others is important. How do you protect software-based inventions in Canada?
Key Considerations to Watch Out For
In today’s software industry, the only thing that is nearly as important as developing products to transform lives is the need to protect one’s intellectual property (IP). The ability to reverse engineer and recreate systems and products makes it possible for others to take advantage of a great idea or concept if it is not properly protected. This can result in a loss of potential profits.
Currently, the Canadian government offers one of the strongest protections and key motivators for software developers and companies to continue creating apps and programs in the form of its patent system. This particular development is the reason many have flocked to the Great White North in hopes of crafting solutions and software-based products.
If you’re looking to create a software-based invention in Canada, here’s what you need to know about patenting them:
What the Canadian Patent System Does
Simply put, the Canadian patent system offers rights to inventors in exchange for the disclosure of what it is they have invented.
Generally, these inventions that are patented through the government’s available program are improvements made to existing devices, methods and processes. In the context of software, the patenting process for such products has historically been a challenging subject matter for which to obtain a patent.
Challenges That Lie Ahead
Among the various factors to keep in mind, the primary obstacle to patenting software has always been in whether or not the software for which a patent is being sought qualifies as an "invention." This particular challenge often intertwines with the process of finding key details that allow a software-based product to align with set standards that allow products to qualify, according to the meaning of the Patent Act.
When you delve deeper into the probability of your invention passing as a patent-eligible product, it’s critical to look at the requirements for patentability in Canada. Fortunately, the Canadian Intellectual Property Office has clarified the circumstances under which software will be patentable (and will continue to make the process easier for such products in coming years).
The Recommended Way to Go About
Considering that Canada’s patent law has yet to further clarify things in the context of successfully allowing inventors to protect their software-based products, it can be beneficial to seek the assistance of patent agents and lawyers. A registered patent agent or lawyer can provide you with information about the patentability of your product and potential issues you are likely to face.
Conclusion
While using software-based products makes for an undeniably exciting experience, actually bringing a new application, product, or digital service to life is an even more enriching feat. By considering the key points mentioned in this guide, you’ll be able to navigate the evolving Canadian patent application process from start to finish!
Are you looking for a patent agent or lawyer in Edmonton to assist you? Contact us today!
