Photo by SUNBEAM PHOTOGRAPHY on Unsplash
Invented a new product that will change society? Improved a prior existing product? You might be interested in filing a patent.
IS A PATENT RIGHT FOR YOU?
Patents provide an exclusive right to make, use or sell your invention. You could market the invention yourself, or perhaps license or sell your right and make money off the invention that way.
If the subject of your invention has market value, it may be worth investing in the patent process. If it does not have commercial value, it may not be wise to invest in patenting it.
The subject of your patent must be:
Novel - there is nothing out there already that is the same
Non-obvious - a few already existing products couldn’t be put together by a person in the field to come up with the subject of your patent.
Useful - it has a use.
Patents do not protect artistic or literary works (see copyright) or slogans attached to products (see trademarks).
If you are patenting an improvement, you should seriously consider arranging an agreement with the current patent-holder to avoid future legal battles.
IS MY INVENTION PATENTABLE?
Apart from the novel, non-obvious and useful requirements, there are other considerations on patentability.
Some subject-matter is not patentable. Canada bars patents for a “scientific principle” or “abstract theorem”.
Canada will not grant patents for higher life forms but will grant patents for genes of higher life forms.
Does your invention meet these criteria? Then, you can proceed further!
CONDUCT AN EARLY PATENT SEARCH
You should search the online Canadian Patent Database. This will help ensure there are not prior existing patents that are the same or highly similar.
Patents in other jurisdictions can be searched on the USPTO database and the Europe database.
If you do not find prior existing patents or publications that would provide your invention, you might proceed to have your invention patented. There are several considerations for patent filing - which country to file in, what type of patent, etc. You can explore CIPO’s website to learn more, and contact us if you would like more information.
If you have questions about patents, please contact us.