Canadian Patent Registration .
Begin your Canadian patent registration journey. Canada has a thriving market with businesses competing with new products and services. Therefore, it is essential to be innovative and invent something that can disrupt the market. If you create a unique invention, it is vital to protect it by getting a patent since it is your intellectual property.
Let us take a deep dive to understand the Canadian patent registration process.
Canadian Patent Registration Services
Canada follows a first-to-file system and keeping that in mind you have to file first to ensure your invention gets a patent before someone else can come up with an identical invention. To register a patent in Canada, the applicant can file an application online through The Canadian Intellectual Property Office (CIPO).
Alternatively, you can use Patent International for a hassle free Canadian Patent Registration.
Types of Patents
Types of Patents in Canada
There are three different types of patents in Canada, which include utility patent and invention patent, and design patent. Before obtaining a patent, there are several requirements that you must understand:
The development/invention is patentable topic: Not all that you want a patent for, can be licensed. Patentable developments/inventions include toys, machines, apparatuses, clinical gadgets, drug drugs, new assembling measures or mechanical techniques, programming, business strategies, organic material.
Novelty: Anything that is as of now accessible in the market cannot be licensed. For a patent, it has to be something that has not been in the public space. When you file an application, it is tried for Novelty.
Utility: Whatever the invention is, it has to be practical and should be useful for the general population. In the event that it does not do what it asserts, the utility necessity will fail.
There are various inventions that are not qualified for a patent, and these include numerical calculations or models, mental ideas or cycles, imaginative manifestations, plans, standards or speculations, plant varieties, treatments of animals and humans, computer programs, and patents that go against public interest.
There are two types of patents:
- Utility Patent: These patents are one of the most common types of patents, and any new machine or process is described under this patent. The patent document consists explains all technicalities and information regarding the invention and the how-to for the new machine.
Design Patent: With this patent, you can protect the entire design and shape of your invention. The design patent document mostly contains illustrations, pictures or drawings of the design of the invention.
How to register a Patent in Canada?
With everything around the world, patents have complexities as well. You need to search for currently registered patents to understand the types of patents and the possible reasons for rejection. If you are new and inexperienced, it is recommended to use a patent search service by a registered attorney.
The application and all of its content must be in English or French language. Keep in mind that the application should be in a single language throughout. If the application is filed in any language other than English or French, a translation must be provided within 2 months. If any element of the application is missing then a notice may be sent to the applicant to complete the application.
The term for filing a patent application in Canada claiming conventional priority is 12 months from the priority date.
The application requirements are:
- The application fees;
- Specifications and details of the patent;
- Drawings (when necessary, for example a design);
- Priority document (if applicable);
- Power of Attorney;
- Signed small entity declaration (if applicable);
- Priority claim (if applicable).
Patent applications in Canada undergo formal and substantive examinations. The substantive examination must be requested, and the official fee must be paid within four years from the filing date in Canada. If the request is not filed and/or the examination fee is not paid in due time, the applicant will have 2 months from the notification by the Office to request examination and pay the fee alongside the surcharge.
If there is any problem with the application or if the examiner needs additional documentation, a notice is sent to the applicant and is given time accordingly to respond. Failing to respond will abandon the application.
If the Canadian patent registration application gets accepted and there is no official action, or if all the questions are responded accordingly, it gets published in the Registry.
Any party can file an opposition during the time of publication but within 90 days of it. If an opposition is filed, the applicant is given time to respond accordingly. If the applicant fails to respond, the application may be abandoned.
If there is no opposition or if any opposition is resolved, the patent is granted and a notice is sent to the applicant.
The entire patent process in Canada takes around 2-3 years from the date of examination request.
Price of Patents
Patent registration cost in Canada
Depending on the complexity and legalities involved, the cost varies. The cost of obtaining a patent in Canada ranges from $400 to $6000, but can increase or decrease accordingly.
Age of Patents
How long does a patent last in Canada?
Patents in Canada last for 20 years. A grant fee for patent registration in Canada is due within four months from the Notice of Allowance.
Maintenance fees are paid in advance, on or before each anniversary of the filing date. A grace period of 6 months can also be given on request but a fee must be paid for late payment.
It is vital for businesses to understand the extent of which a patent protects the owner’s invention(s). It helps in establishing authenticity and exclusivity.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Canadian patent registration doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!