How to Apply for Patent in Canada
If you are a scientist or an inventor working in Canada
, you must apply for a patent in order to receive any credit for your invention or innovative design. The institution you should get in contact with is the Canadian Intellectual Property Office, based in Quebec
. Without any intention to offend this highly-reputed institution, you should know that it is definitely not one of the fastest working authorities in the country, as it could take the Office a good deal of two years to process your application. So, you’d better file a patent application as soon as you get close to the stage of completion, which will enable to unveil your invention without any fear of infringement.
Step One – Hire Patent Agent
As a first step towards filing a patent application in Canada, you need to hire a patent agent to help you through the application process. Of course, you will have to pay the guy his proper fee, but you will kill two birds with one stone. First, you will be able to focus entirely on the completion of your invention without being distracted by any patent paperwork arrangement and, second, you will be assured that all patent-related issues are being dealt with by a pro. Your application will not be turned down because of some last-minute flaws that will otherwise invariably occur. Of course, you may also take the risk and save the agent’s fee, applying for a patent on your own.
Step Two – Prepare Application
The next stage of the process is to prepare your patent application. In the first part of your application, which is also known as specification, you should provide a detailed description of your invention regarding its usefulness, as well as explain to the Office what exactly it should protect under the patent that is to be duly issued. Part two of your application consists of a brief summary of the information contained in the specification. Finally, you should attach high-resolution photos of your invention to your application.
Step Three – Submit Application
Having prepared your application, you should now submit it to the Canadian Intellectual Property Office. Note that a filing fee of four hundred dollars is payable upon submission. As soon as the Office receives your application, it will get back to you with a filing date so as to let you know that your application is pending.
Step Four – Request Examination
It is worth mentioning that filing your patent application is not enough to have it examined by the Office. As a step four, you should explicitly request the office to examine your patent application. Examination requests are made online on the official website of the Canadian Intellectual Property Office against a standard examination fee in the amount of two hundred dollars.
Having completed all four steps above, you should now sit and wait to hear from the Office, which will either grant your patent application or reject it. In case your application is rejected, you can request that your patent application be reviewed by the office. If your patent application has been turned down for a second time, you can appeal the decision of the Office to the Commissioner of Patents.