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  1. Apply for a patent. What you can patent. Patents apply to inventions. An invention is eligible for patent protection if it is: new—first in the world; useful—functional and operative; inventive—showing ingenuity and not obvious to someone of average skill who works in the field of your invention; The invention must also be: a product ...

  2. Securing a patent. In Canada, a patent is granted to the first applicant to file an application on an invention. It is very important not to advertise or disclose information about your invention before you are ready to file an application. Publicly disclosing your invention before applying for a patent may make it impossible to obtain a valid ...

  3. Patents protect technical inventions, for example a product, a process or an apparatus, in all fields of technology. For an invention to qualify for patent protection, it must be novel, involve an inventive step and be industrially applicable. A patent is an exclusive right, meaning the patent owner can decide who can use the patented invention ...

  4. Download your patent. 1. Before you start. This application process is for applying for a patent in Canada. Before you apply for a patent application, you need to: learn about what can be patented. do your research. determine if you need to hire a patent agent. decide if you'll request examination at filing.

  5. An invention must be both novel and nonobvious to qualify for a patent. Of these two requirements, novelty is the threshold: An invention must be novel before nonobviousness can be considered. Establishing novelty was the topic of “Patents: Crossing the Novelty Threshold,” which was published in the Nov. 2015 issue of CEP (pp. 38–46).

  6. Feb 29, 2024 · An invention can qualify for a patent under the rules stated above but be ineligible for patent protection if the invention has been "in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention." (35 U. S. C. §102 (a) (1)). This limitation is called the "on-sale bar."

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  8. In countries which apply the above definition of the term “prior art”, an applicant’s public disclosure of an invention prior to filing a patent application would prevent him/her from obtaining a valid patent for that invention, since the invention would not comply with the novelty requirement. Some countries, however, allow for a grace period – usually between 6 and 12 months ...

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