2017-09-04
What comes to your mind when you hear the word ‘prototype’? Perhaps a design or a model of an invention? A prototype can simply be defined as a working model of an invention. Inventions are crucial to the success of an inventor. Safeguarding an invention by way of a patent or patents can be very beneficial. In a country like Canada that has a first to file patent system, one cannot risk losing these exclusive rights to a competitor. Filing a patent application as soon as possible becomes important in areas where technology is improving on a regular basis. But, can you patent a prototype? Let us look at it in detail.
Patent A Prototype – Filing An Early Patent
Since a prototype is a model of your invention, it can be useful in assisting with the preparation of a patent application. Drawings and a patent application can be prepared based upon the look and function of your prototype. But, what if you are still in the final stages of inventing or your prototype is not yet complete? Depending upon the stage of your invention or the variations or changes you intend to make, it may be possible to simply move forward with a patent application, however in some cases it is better to wait until you more clearly understand the direction in which your invention is headed. A provisional patent application can also be filed to provide patent pending status while you finalize your design. Canada does not have provisional patents, so a US provisional patent application can be filed.
Canadian law allows you to file an application to secure an early filing date while you are still inventing. It is possible in Canada to file an incomplete application while still receiving a filing date, however there are risks associated with this. A patent agent can help you determine if the risk is worth the early filing date. In order to obtain a filing date, you are required to indicate the intention of seeking a patent, your name and address, the description of the invention, and the filing fee. Drawings are often an important feature for a patent application as well. While the Patent Office is generally not interested in your prototype, a prototype can be of assistance in the drafting of a patent application, preparation of drawings and can be useful in luring potential investors as they tend to show functionality better than drawings and written word.
A prototype can also be used to demonstrate the utility of your invention should it ever be questioned.
Filing For A Patent With A Prototype – A Complete Application
Filing for a patent via a regular/non-provisional application includes these stages –
Preliminary Patent Search
A preliminary search is an optional first step that can be useful in determining the potential success patenting your invention.If your invention already exists or the idea is within public knowledge, you may not be eligible for a patent. A search of the Canadian Patents Database and other patent databases can be beneficial. This step can also be implemented before you start working on your invention but is much more difficult to complete when your idea is not fully formed.
Submit a Patent Application
Along with basic details like your name and address, you need to have a proper description of your invention. This is usually done by way of patent drawings. Follow the guidelines given by CIPO and complete your application. You may want to hire a patent agent to assist with the preparation and filing of your application to ensure compliance with the law.
Request Examination
Once you have filed an application, you need to request for an examination. This must be done within five years of your filing date. Failing to do so can result in your application being abandoned. After the examination process, you may or may not be granted a patent.
While prototypes are not a necessity, there are a number of benefits to having one. Consider consulting a patent agent for advice on whether or not it would be beneficial to have a prototype for your invention.
