Laws you must follow that may impact your patent process

November 7th, 2022

The process of applying for a patent in Canada can seem long and complex. Indeed, it is better to be well accompanied, sooner rather than later, in the process. The following article will attempt to demystify the process while shedding light on some of the laws that come into play in the process of obtaining a patent.

What is patentable

To be patentable, an invention must be new, useful, and innovative. New in the sense of being the first of its kind in the world. Useful in the sense that your invention must be functional or have a useful function. Innovative in the sense that your invention must be a new advance or an improvement to an existing technology that would not have been obvious to someone working in your field of specialization. In addition, to obtain a patent, your invention must be a product, a composition (for example, a chemical composition), a device, a process, or any improvement to any of these.

Conducting a search

Searching patent databases is an important step in verifying whether your invention has already been patented. In some areas, you will find information in databases that does not pertain to patents. A patent agent is required if someone other than the inventor is applying for the patent, if there is more than one inventor and the application is not filed jointly by all inventors, or if there has been a registration of a transfer of the application. In all cases, a patent agent is very helpful in preparing and filing the application which is a complex process. Patent agents understand patent and intellectual property laws and the application process.

The Laws Involved

There are several laws involved when it comes to patents. To begin with, there is the patent law. The latter confers an exclusive, time-limited, and legally protected right to make, use and sell an innovation. There is also the Trade-marks Act, the Olympic and Paralympic Marks Act. You may also have to consider the Copyright Act, the Industrial Design Act or the Integrated Circuit Topography Act. All these laws surround the patent application process, and it is best to be familiar with what each one entails to ensure that you are successful.

Do not hesitate to contact patent agents to help you navigate through this complex process. This will save you time, money and your invention will be protected in a timely manner.