Be Patient With Patents

by | Apr 27, 2017 | Business Law, News

Be Patient with Patents
Answers to the most important questions when it comes to protecting your creation

Vaughan corporate and securities lawyer, Joseph Chiummiento, of Core Lawyers, offers insight on what you need to know in order to register a patent for your invention.

Understanding how to hire a patent agent, where your patents are registered for protection and what kind of information you need to provide to register and protect your creation are all important factors that serious inventors should know.

Core Lawyers blog - patent law

Where do I register a Canadian Patent?

In Canada, the Canadian Intellectual Property Office is the main governing office for the registration of Patents, Trademarks and claiming of Copyrights (see http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home). The site provides valuable and free information such as

  • links to agents that can help you register,
  • a breakdown of filing fees,
  • other general information about what you need to know,
  • databases you can search to see if anyone else in Canada has registered a similar invention.

In addition, there are two types of fees that can be expected when registering a patent, the first is a government filing fee and the second would relate to a patent agent’s fees (typically a lawyer).

What Information is Needed to Register a Patent?

At a bare minimum the following information will be needed when registering a patent:

1. A Detailed or Sufficient Description of the Invention: Detailing the “who, what, where” of the invention in a manner that clarifies why the invention was created, or what problem it was designed to solve is necessary. What is the problem sought to be solved by the invention.

2. A Detailed or Sufficient Description on How to use the Inventions: The “where, when and how” to use the invention helps define and refine the way an inventor envisions the product being used in furtherance of solving a problem.

3. A Description of Why you believe it will work: This could be actual test results or a sound reasoning as to why you believe it will work. The information will be used to protect the direction in which an inventor’s vision is set to unfold.

Without the above basic information, any patent registered or filed could be at risk of challenge by other inventors looking to claim priority over a particular invention. If you plan to raise money to prove your invention special care should be taken to ensure proper patent applications or provisional patent applications are sought with all the relevant information set out.

How to Find a Patent Agent?

There is no one best approach to finding professional help in registering a patent. One process an inventor can follow includes:

  • Conduct a google search of patent blogs and familiarize yourself with what you need to know;
  • Visit and review the Canadian Intellectual Property Office website and make use of all the free resources to educate yourself;
  • Speak to your Accountant or Corporate Lawyer (or call the Law Society of Upper Canada for a referral to a Patent Lawyer) and ask for one that is specific to your invention – ie. if you have a chemical invention try to find a chemical engineer / patent lawyer that can help and so on.
  • Check websites that may provide free inventor kits on a no obligation basis – ie. Inventhelp and others.
  • Try to find or speak with at least 3 patent lawyers before deciding which to work with and which you feel there is a fit with.

Registering a patent can seem like an overwhelming task at first but be patient and know where to get professional support if you need it so that you can ensure your creations are protected and can grow according to your vision as an inventor.

If you have any questions or would like to discuss your specific situation, please feel free to contact me directly.

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