How long before getting a patent?
August 2nd, 2022
When the time comes to obtain a patent for an invention, it is possible to become impatient. This is normal, but you should know that certain steps must be taken before obtaining a patent. By granting you a patent, the government gives you, as the inventor, the right to prevent others from making, using or selling your invention, from the date on which the patent is granted, and for a maximum period of 20 years, always following the date of filing of your patent application. But how long should you expect before receiving your patent? The following article will attempt to inform you about this.
How long on average does it take to obtain a patent?
In Canada, the first applicant to file a patent application for an invention is the person entitled to obtain the patent. It is therefore very important to submit your request as soon as possible to avoid being preempted by someone who might be considering the same leads as you. The rights that will be granted to you via the Canadian patent apply to all of Canada, but not to foreign countries. In the case of foreign countries, you will need to obtain separate rights. It therefore goes without saying that a foreign patent does not protect an invention in Canada. The process of granting a patent can be complex. It usually takes longer to obtain a patent than any other type of intellectual property (IP) right. Several years can pass between the filing of the application and the obtaining of a patent from the Canadian Intellectual Property Office (CIPO)
Why expedite the examination of a patent application?
This time required to obtain a patent can seem long and sometimes the accelerated examination of a patent application is the strategy to adopt. This situation may arise in the case of a start-up company that intends to use patents to facilitate its search for financing. An accelerated request may also be required when you want to determine if your invention is patentable in Canada. The sector in which you operate can also influence your need to accelerate the obtaining of a patent. The technology sector, for example, requires an accelerated assessment since it is a rapidly evolving sector. Same thing if a competitor is likely to counterfeit a patent-pending technology. In short, the reasons are many.
If you are working on an invention, it is better to contact experts as soon as possible in the process. They will be able to guide you and answer all your questions in order to take the right steps to follow. The patent application process is a complex process and it is better to be well accompanied, sooner than later.
