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Jul 6, 2022 · Companies that can successfully integrate patent buying and selling into their overall patent portfolio management practices and patent strategy benefit the most from the patent market.
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- Canadian Patents
- What You Can Patent
- What You Can't Patent
- Patents Protect Your Intellectual Property
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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...
Mar 24, 2023 · To profit from your idea, you must sell the patent, license usage rights, or market the product yourself. Months of tinkering and experimenting have turned your idea into a viable product. After a successful patent search and application process you've gotten a patent for your invention.
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A patent is a legal right to prevent others from making, using or selling your invention for up to 20 years in the country or region where your patent is granted. You can patent products, processes, machines, chemical compositions and improvements or new uses of any of these.
Feb 5, 2021 · 4 minutes. Table of Contents. Share. Author. Andrew Rapacke is a registered patent attorney and serves as Managing Partner at The Rapacke Law Group, a full service intellectual property law firm. The Intelligent IP Quiz. Identify what type (s) of IP protection may be the best fit for your situation. Take The Quiz.
Oct 31, 2023 · Patent infringement occurs when a third party makes, uses, sells, or offers to sell a patented invention without the patent holder’s permission. The specifics of what constitutes infringement can vary, but the essence remains the encroachment upon the patent holder’s exclusive rights.
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Sep 19, 2022 · Corporations determine the value of the underlying invention outlined within the patent. They do this by considering whether or not the patent is properly constructed and by attempt to determine a way to extract worth from the patent.
