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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 patent.
- Welcome to The Patents – Learn The Basics Online Module
- Understanding Patents
- Using Patents Strategically
- Applying For A Patent in Canada
- Managing Your Patent
- Resources
- Final Word
Did you invent something new, inventive and useful? Did you improve or upgrade something already invented? Find out what patents are and how they can be a valuable asset to your business. Refine your knowledge and understanding of patents and how to make strategic use of them. This module is aimed at those who would like to learn about intellectual...
What is an invention?
An invention is a new, inventive and useful solutionto a problem. It can be a novel device, process or product. Inventions that meet the criteria for patentability can be protected through patents.
What is a patent?
A patent is a form of intellectual property granted by a government that confirms the exclusive right to an invention for a period of up to 20 years. A patent is only valid in the country where it is granted. There is no such thing as an international patent, rights must be sought in each desired country.
Improving existing inventions
An invention does not have to be an entirelynew device, process or product. It can be—and is most likely to be—an improvementto an existing invention. About 90% of patents are for improvementsto existing patented inventions. Headphones have existed for a century but continue to evolve with technology.
Commercialize your invention
Turn your patent into dollars! Getting legal rights to your invention through a patent gives you proof of ownership. This is crucial to gaining the most commercial value. Turn your know-howinto a commercial asset! Holding a patent may open up opportunities for business growth and job creation. Consider a licensing agreement. For start-upbusinesses, licensing is typically the fastest way to generate cash flow. What are some of the benefits of licensing your patent? 1. Leverage existing manufac...
Export your invention
You must obtain a separate patent for each country where you seek protection. Consider strategically filing for patent rights in countries where you plan on doing business—to sell or manufacture products, license your technology or transfer your IP to another party. For more information on seeking patent protection internationally, consult the World Intellectual Property Organization (WIPO) web pageon the Patent Cooperation Treaty.
Be the first to file
Patents are granted to the first person to file an application. File as soon as possible in case someone else is on a similar track.
Keep secrecy before applying
Keeping secrecy before filing is crucial to prevent others from filing for the same invention before you. Consider confidentiality and non-disclosure agreementsif you must reveal your invention to anyone before you file your patent application. If you publicly disclose your invention before filing, it may be impossible to obtain a patent because the invention will no longer be considered new. However, you could benefit from Canada's 12-month grace period, which allows applicants to file after...
Search patent databases
Before you file, search for existing patents or patent applications. This will determine if your invention, or a similar one, has been patented already. Start with the Canadian Patents Databaseon the CIPO website. Search using key words, the name of the inventor, the owner or the applicant, or any other relevant terms. You should also search international databases to see what has been patented across the world. 1. Google Patents 2. United States Patent and Trademark Office website 3. Europea...
Pay annual maintenance fees
Keep your patent application or granted patent in good standing by paying annual maintenance fees. The first payment is due no later than the second anniversary of the filing date.
Monitor patent infringement
It is your responsibility to monitor the marketplace for any unauthorized use of your patented item. If someone is infringing on your rights, take action. Consider seeking the help of an IP professional, as litigation matters can become complex. Consider alternative dispute resolutionmethods such as arbitration, mediation and negotiation to solve IP litigation situations.
How to detect patent infringement
Here are some tips for detecting patent infringement: 1. Monitor your competitors. Look at their products and check for copycats. 2. Attend trade shows and look for new products on display that will be marketed. 3. Do online research related to your technological field, read journal articles and look for companies looking to tap into your field. 4. Set online alerts to stay informed of new developments and key words that are of interest to you.
CIPO website – Patents
Start with the Patents webpage on the CIPO website. It contains a wealth of resources related to patent protection in Canada. Consult the Patents webpageto learn more.
Patent Appeal Board
The Patent Appeal Board principally conducts independent reviews of rejected patent applications and provides recommendations to the Commissioner of Patents. The Board also chairs re-examinationboards, reviews rejections of reissue applications, and assists the Commissioner in performing a number of other duties. Consult the Patent Appeal Board webpageto learn more.
World Intellectual Property Organization
WIPO has a resourceful section on patents and provides an international angle to patent protection. Consult the WIPO webpage on patents.
Thank you for completing the Patents – Learn the basicsonline module! Seeking patent protection is a strategic decision that can protect your interests as the inventor by ensuring that you can control the commercial use of your invention. A patent can be an important component of a solid IP protection strategy. Make sure to maintain, account for, v...
Have an internal committee review the invention disclosures before filing any patent applications. Make sure invention disclosure policies are part of employment and third party contracts. Tip: compensate inventors as an incentive to create and disclose inventions.
If disclosing your invention before filing a patent application is unavoidable – for example, to a potential investor or a business partner – then any disclosure should be accompanied by a confidentiality or non-disclosure agreement.
The short answer is ‘yes’ – but, it depends on: How long ago you publicly disclosed your invention; and. The countries in which you seek rights. Patents are only granted for new inventions and a prior disclosure means the disclosed invention is no longer new.
May 7, 2023 · Under Canadian law, you have one year (twelve months) from the time of the initial (or earliest) public disclosure of your invention to file for a patent or industrial design registration; if that seems stringent, consider that Canada has one of the longest grace periods for disclosure in the world.
People also ask
Can I get a patent if I disclose my invention?
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What is an invention disclosure?
How do I prepare a patent application for an invention?
You can be precluded from obtaining a patent if the invention is “on sale” before the effective filing date. An invention is considered on sale even if the details of the invention have not been made available to the public.
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