How to File a Patent in Canada - Part 2
This blog post continues the initial steps in “How to File a Patent in Canada - Part 1,” offering additional technical insights and details on the patent application process.
Assisting Your Agent
To minimize expenses and avoid unnecessary complications, it is advisable to draft a comprehensive response to the following 12 questions, which should be provided to your patent lawyer or agent.
Field of invention?
Description of invention?
Objectives of invention?
What is the most appropriate use of your invention?
Unique features of invention?
Scope of invention?
Limitations of invention?
Results of laboratory or commercial tests?
Relevant literature on the subject?
Disclosure (anyone whom you have shared the invention with)?
Your name, address, and citizenship?
Which countries would you like to file for a patent?
By providing detailed and accurate responses to these inquiries, you can help your legal representative build a robust patent application that effectively protects your intellectual property.
When to Apply
Canadian law stipulates that patents are to be granted to the first inventor to file an application, so it is important to file as soon as possible. Prior to filing a patent application, it is essential to keep all information pertaining to the invention in absolute secrecy. Public disclosure may jeopardize obtaining a valid patent internationally. In Canada and the US, there is a one-year grace period.
Invention or Improvement
According to the Canadian government, 90 percent of patents are for the improvement of existing patented inventions rather than unique inventions, which poses a potential for infringement if not dealt with correctly.
Filing Your Application
To receive an official filing date in Canada you must submit a statement that a patent is sought, documents describing the invention, your and your agent’s name and address, and the filing fee.
Request Examination
It is essential to realize that the patent process does not end once a patent is filed. Your next step is to formally request an examination and pay the standard $800 fee associated with the request. The request must be made within five years. Otherwise, the application will be considered abandoned. Once the examination request is made, you need to be patient. The examination process may take more than two years.
Athena Innovation & Legal
We can assist you with expert consultation and support if you seek professional guidance to file a patent. Click below to explore our services and learn how we can help you in the process of filing a patent with technical precision and accuracy.
**The information provided herein is a general background of contractual, technology and intellectual property law concepts. It does not constitute legal advice, and should not be relied upon as legal advice. Athena Innovation & Legal, nor the author, make no express or implied representations or warranties in respect of the information, including but not limited to the accuracy of the information.**
