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Canada Patent Application FAQs

Updated:2018-5-2 10:24:54    Source:www.tannet-group.comViews:333

Canada patent application FAQs made by sorted out by Tannet aims to illustrate those frequently asked questions about applying for patent. In Canada, patents are granted to the first inventor to file an application, so it is smart to file as soon as possible after you complete your invention in case someone else is on a similar track. Even if you can prove that you were the first to think of the invention, you lose the race if a competing inventor files before you do.

It is very important not to advertise or disclose information about your invention before you are ready to file for a patent. Public disclosure of your invention before filing for a patent may make it impossible to obtain a valid patent and jeopardize the possibility of you receiving similar rights in other countries.

Q: What is patentable?
You can patent an invention that is a product, a composition, a machine, a method, or an improvement to any of the above.

Q: When should you apply for a patent?
Canada operates on a first-to-file system, which means that patent rights are granted to the first individual to file a patent application for the invention in question. If you have completed your invention and intend on patenting it, it is smart to file an application, or at the very least a provisional application as soon as possible.

Q: How long does the application process take?
The time for a patent application varies, but generally takes between two and three years in Canada and the United States if you proceed expediently.

Q: What are the different types of patents I can obtain?
In Canada, you can only obtain a single type of patent protection for the types of inventions described above. In the United States, parents are separated into two categories: utility patents (largely the same as Canadian patents) and design patents (referred to as industrial designs in Canada).

Q: What are the requirements for an invention to be patentable?
In order to be patentable, an invention must be novel, useful and inventive. Novel, in this case, means the first in the world - there must be no prior public disclosure or patent filed for the invention anywhere else in the world. Useful refers to the invention being functional and operative, and contributing to the public well-being. Inventive means that your proposed invention must be non-obvious to a skilled worker in the field or industry to which it belongs, and must display a level of ingenuity.

Q: Can I still apply for a patent once I published my research filings?
Unfortunately, publishing your findings in a trade journal or any other form of mass publication, whether industry-specific or mainstream, violates the novelty requirement of patentability and counts as disclosure. However, in the United States and Canada (and a few other jurisdictions), you are given a one-year grace period to file a patent application from the date of earliest disclosure. Provided you fit into that time frame, you may be eligible to apply for a patent for your findings.

Q: What is the difference between patent licensing and a patent assignment?
Licensing a patent means granting permission to another individual or organization to make and/or sell the invention that has been patented. A patent assignment is a complete transfer of patent rights from one person to another.

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