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- People may then read about your invention, though they can't make, use or sell it without your permission while your patent is in force.
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A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.
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- Canadian Patents
- What You Can Patent
- What You Can't Patent
- Patents Protect Your Intellectual Property
- Patents Fuel Progress
- Patents Can Be Valuable
- Use A Patent Agent
In Canada, the first applicant to file a patent application for an invention is entitled to obtain the patent. You should file as soon as possible after you complete an invention in case someone else is on a similar track. The rights given by a Canadian patent extend throughout Canada, but not to other countries. You must apply for patent rights in...
Patents apply to inventions. An invention is eligible for patent protection if it is: 1. new—first in the world 2. useful—functional and operative 3. inventive—showing ingenuity and not obvious to someone of average skill who works in the field of your invention The invention must also be: 1. a product (example: a door lock) 2. a composition (examp...
Some things that can't be patented include: 1. disembodied ideas, concepts or discoveries 2. scientific principles and abstract theorems 3. methods of medical treatment or surgery 4. higher life forms 5. forms of energy 6. features of solely intellectual or aesthetic significance 7. printed matter For details on what you can't patent, see Chapter 1...
Protection against infringement
Patent infringement happens if someone makes, uses or sells your patented invention without your permission in a country that has granted you a patent. If you believe your patent has been infringed, you may sue for damages in an appropriate court. The defendant may argue that infringement did not occur or may attack the validity of your patent. The court will decide who is right based largely on the wording of the claims. If what the defendant is doing is not within the wording of any of the...
Protection before and after grant
When you have a Canadian patent, you'll possibly be able to sue infringers for all damages that occurred after your patent was granted. Also after the grant, you may sue for "reasonable compensation" for infringements that occurred in Canada between the date your application was made available for public inspection in English or French (normally this is 18 months after the filing or priority date) and the date your patent was granted.
Patent marking and "patent pending"
The Patent Act does not require that articles be marked "patented"; however, in Canada, marking an article as patented when it is not is illegal.Footnote 1 You may wish to mark your invention "Patent applied for" or "Patent pending" after you have filed your application. These phrases have no legal effect but may warn others that you'll be able to enforce your exclusive right to make the invention once a patent is granted.
When you apply for a patent, you must provide a full description of the invention so that others can benefit from this advance in technology and knowledge. Patents are a way for people to share cutting-edge information. Each patent document describes a new aspect of a technology in clear and specific terms and is available for anyone to read. This ...
Patent protection applies in the country or region that issues the patent. In Canada, a patent lasts for 20 years from the date that you file it. Patents can have a great deal of value. You can sell them, license them or use them as assets to attract funding from investors.
Most experts agree that inventors should use the services of a registered patent agent to help with the complexities of patent law. In fact, more than 90% of patent applications are filed with an agent's support. Find a licensed patent agent Resources 1. Patent factsheet 2. Free online learning: Patents – Learn the basics 3. Patent fees 4. Canadian...
Patents can be very valuable. You can sell them, license them or use them as assets to attract funding from investors. The invention must be: New: first in the world. Useful: solves a problem. Non-obvious: to a person skilled in the relevant field. Note: Some inventions may not be patented in Canada.
Yes, you should patent your idea before selling. A sold patent can be a lucrative move. While you are not legally required to patent an idea before you sell your invention, there are many benefits to obtaining a patent before selling it.
Sep 14, 2021 · In simple terms? If you don’t have a patent, you don’t own your innovation. Your IP is only as strong as your protection over it. Which means if you’re trying to get your big idea off the ground, you need the right patent team on your side.
In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner's consent. If such acts are carried out by third parties without such consent, the patent owner can go to court to seek remedies for patent infringement.
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Why use a Broker or Intermediary to Sell a Patent? How are Brokering Commissions Justified? Can I Sell Without Transferring Title? How Can I Accelerate the Process of Selling My Patent? How Can I Push Up the Value of My Patent?
