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"The best way to predict the future is to invent it"-Alan Kay

Canada Patent

Canadian patent rules and processes are very similar to that of the United States, but being a different country a Canada Patent is only good in Canada. If an inventor were seeking an international patent a global patent application must be submitted. Therefore, anyone seeking a patent in the country of Canada must go through the Canadian Intellectual Property Office and follow their patent application rules.

Start With A Search For A Canada Patent

As with the United States it is a good idea before filing an application to conduct a patent search. Often, inventors will hire patent agents to assist with this search. The search will allow the inventor to view Canada Patents in order to insure that someone else has not already patented the idea.

Filing A Canada Patent Application

The application consists of three parts an abstract, specifications and drawings. The abstract is a brief summary of the specifications. As for the specifications, they must be a clear and complete description of the invention and how the invention is used. Additionally, all claims will be included in this section. Finally, drawing of the invention should be included in the patent application. Hiring a patent attorney and agent to assist with the application process may prove most usefully for an individual inventor. These professionals are overly familiar with filing said applications.

Request For Examination Of A Canada Patent

Once the application is filed with the CIPO a number and a filing date will be given to the inventor. This does not mean the inventor has a patent, it simply means the invention is now patent pending. Within a five year period the inventor must request that the Canadian Intellectual Property Office examine the application and the appropriate fees must also be paid at this time. It is possible for the inventor to request an advance in the examination, which will speed the process but requires additional fees.

Final Examination Of A Canada Patent

Once the request is submitted for examination it could take up to two years for the application to be examined. Once the CIPO has finished reviewing the claims and other areas of the application they will determine if a patent can be granted or not. The CIPO holds the right to object to some or all of the claims in the application. If there are objections the inventor will have the opportunity to rebut the decision.