Basic Patent Process
What exactly is a patent? A patent is a grant given by the Government of Canada. The grant helps an inventor gain success from his or her own work by stopping other people from making, using, or selling his or her invention for a maximum of 20 years. Patents are only given to products that can be defined as "inventions". The Canadian Patent Guide describes an invention according to three criteria
- The invention must be new and meet the test of "novelty," meaning it has not been anticipated by another patent or publication.
- The invention must be "useful", meaning it must perform a function, and also be material; something you can hold in your hand. Patents are not granted to scientific principles (E = mc2), abstract theories (Communism), ideas (the earth is round), business methods, computer programs or medical treatments.
- The invention must show an "inventive step" or a recognizable advance from previous inventions.
Patents are different from trademarks and copyrights. A trademark is a word, symbol or design used to distinguish one person's or one company's work from another, much like a signature on a painting. A copyright is a protection on literary, artistic, dramatic or musical works. Patents are only granted for the material form of an idea. Inventions can be a product, a chemical composition, an apparatus, or an improvement on any of those.
In Canada, the first person to file for a patent is entitled to the patent. That means if two people come up with the same invention by themselves, the first person to file for the patent will receive the exclusive rights to the invention. The other person will be out of luck and have to go back to the drawing board.
A unique and useful invention is worth a great deal of money and patents provide the incentive to invest time and money for devising and perfecting new products.
How to File For a Patent
Before receiving a patent, the inventor must fill out a patent application. Preparing, prosecuting and completing the patent application can be a complex task. First, the inventor must find a Patent Agent. The Patent Agent represents the inventor before the Canadian Patent Office in a similar fashion to how a lawyer represents a client in court.
A patent application must include a clear and complete description of the invention and its usefulness and claims that define the boundaries of the patent protection. The application must be incredibly clear and complete to allow anyone with average skill in the field to make or use the invention.
This is the portion of the patent that outlines the unique features of the invention. Claims are series of numbered statements that clearly state what the inventor feels to be his or her invention’s unique features. Not all of the claims outlined by the inventor may be allowed by the patent office. Claims must be demonstrated to the patent office.
Only the claims that have been outlined by the inventor are protected by the patent. This means that if the invention has another use or function that has not been defined by the patent application, the invention can be legally used by anyone for this purpose. It is important to clearly define the function and uses of an invention in the patent application.
Background of Invention
The background of invention describes the need that an invention fulfills. The background can also state the problem that the invention solves. The description provided in this section can distinguish an invention from other work/inventions in the same sector of discovery. The merits of the invention and the need behind the invention can help to convince the patent office about the usefulness of an invention and clearly demonstrate the "inventive step."
According to the Canadian Patent Act, the description of a patent shall describe the background, as far as is known by the applicant, that can be regarded as important for the understanding, searching, and examination of the invention.
In order for an inventor to possess the exclusive right to a product, the Government of Canada expects the inventor to provide a full description of his or her invention. This process is known as disclosure.
Disclosure, as defined by the Patent Act of Canada allows any skilled person in the field to carry out the invention and its function. If the inventor's description is misleading or unclear, the patent will be rejected and invalid.
Disclosure does not refer to a specific description of the patent, but more to the overall impression given by the patent. This is the essential exchange between the Canadian Government and the inventor. In exchange for exclusive rights to make, sell and license their invention, the inventor gives a detailed description of their product for the technological advancement of society. By sharing the inventor's knowledge and innovation with the Canadian Government, the inventor gains unique rights over his or her discovery, and allows it to become public.
For more information please search the patent database at the following the link: Patents Database
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