How to obtain a patent for your invention?
October 16th, 2021
You have just had the idea of the century or invented something and are now thinking of protecting your invention? To do so, you will need to obtain a patent. It can be difficult to know what steps to take to obtain a patent. It is a process that may seem daunting to the uninitiated. However, it is very important to do everything right. The following blog post will guide you through the process so that you can feel protected.
How to obtain a patent?
In order to obtain a patent, you must prepare and file a patent application with the Patent Office. In Canada, the Patent Office is a special operating agency of the federal government. To complete the patent application, you will have to write a specification that includes a description of the practical application of the invention as well as the claims that delimit the scope of the invention. In most cases, drawings are included with the patent application. Although the description seems important, the claims are in a sense crucial. It is these claims that delimit the scope of protection conferred by the patent. Any information submitted in the specification that is not claimed cannot be protected by the patent, hence the importance of the claims. The claims must not deal with something that is already publicly known.
The importance of the claims
It is important to understand that a patent may be invalid if it fails to adequately distinguish the invention from existing or prior inventions. If the claims are invalid, they are unenforceable. On the other hand, claims that are too narrow in scope may result in the patent being circumvented by others.
Technical skills
The drafting of the specification requires specific technical and legal skills. It is therefore preferable that it be drafted by a patent agent. Only registered patent agents can represent patent applicants before the Patent Office. They understand the patent and intellectual property laws and the application process. It is important to include in the specification the description of the invention in sufficient detail to be understood by a person of average skill in the technical field to which the invention belongs.
Applications are public
You should also be aware that your application will be published in the Canadian Patent Database within 18 months of the filing date (or first priority date) of your application. This database is available to the public. You may also request that your application be made public before the end of the 18-month confidentiality period.
The process can seem complex and it is easy to get lost. Do not hesitate to contact professionals who will help you through these crucial steps for the protection of your invention. Being well accompanied is the key to success in obtaining adequate protection by obtaining a patent for your invention.
