Does Your New Product Qualify For A Patent

Is your new invention secret enough to qualify for a patent?

If you want to protect your idea or product, you're going to need the appropriate patent. But before you do anything else, read this post and learn what you need to know! We cover what can and cannot be patented in Canada. We also dissect the three types of patents so that no matter your product or invention, we give you all the information about which will work best for your situation. And if that weren't enough, there are even interviews with patent attorneys who provide their personal insights on how they ultimately helped clients get their patents approved.

With this in-depth article, if you have an idea for a new product or are looking to start your own business, you'll be able to find the right patent for your situation. You will also know exactly what kind of patent is right for you.

What Can Be Patented in Canada?

The following are all types of inventions that can be patented:

Products:  Everything from a new type of rope to a new car to a new hot dog topping that no one has ever heard of. New Processes:  Someone thought up a way to speed up the production process and now they want someone else's money so they can use that idea in their business and make even more money. A Process that was invented in Canada, which is commonly called an "improvement" in patents, can be patented. A new way of doing something:  Someone invents a new golf club design. This can be patented as well.  Inventions Made in Solvent Based Paint or Adhesives: One of the main reasons to patent a product (besides money) is the fact that if your product is successful, someone might try to copy it and make one that looks exactly the same. When someone copies your product exactly, even down to the colour it was made in, this is called "Passing Off". If you have a patent on your product's special design or formula then no one else can legally pass off as yours.

Unfortunately, this is only a partial list of what can be patented in Canada; however, the list is pretty long.

What Can't Be Patented?

The following things cannot be patented: 

The Laws of Physics: This may seem obvious, but just to clarify- you can't patent gravity or the idea of gravity because it is a natural and well known force. Foreign Ideas: The idea behind your product or invention must be completely original, meaning that you thought up this concept on your own and did not get any ideas from anything or anyone else. If parts of your invention were inspired by foreign ideas (from outside of Canada) then they cannot be part of your final patent. Trademarks:  These are names that you have registered with the Canadian Intellectual Property Office. Trademarks are also useful for business because they allow you to protect your brand and keep others from stealing your identity by simply using the same name.  Your Patent can include your trademark, but not a product or invention (like an apple) with which someone else has already trademarked the name. Ideas: You cannot patent an idea, a thought process, a feeling or a concept. You can patent however physically realize that thought process (or physical product).  The product or process must be completely original and your own.  Abstract ideas, like mathematics, computer software and business methods can't be patented either. Now that you know what kind of patent you are looking for, it's time to start searching!

If you can think of a way to do something better or faster, you can patent it. Whether or not your idea is unique enough to receive a patent depends on how unique your product is as a whole. If someone else invented something similar long before you did, then your idea may not qualify for a patent because it likely has already been done before.

Do You Need A Patent?

First, Figure out the type of business that you want to start.

An invention or product may not be worth the effort or expense of applying for a patent if it is only going to be used as a one-time solution to a temporary problem. If you're creating a product that will only be sold for a short period of time and will not have any future use, then it may not make sense to apply for a patent. 

On the other hand, if your new product is going to solve an ongoing problem that many people face and you think it may turn into something big (like being used in different industries), then you should consider pursuing a patent. In that case, you have the possibility of selling the product for a lot of money, so it might be worth the time and effort.

How Long Does It Take to Apply for a Patent?

You can apply for a patent within three months after you've invented it. However, most patents take over 12 months to be processed. 

If your invention is on a subject matter related to an existing patent, your application may take longer than usual to process. At this point in time (January 2015), our patent office takes an additional 3-8 weeks after you have submitted your application before they send an approval notice back to you with your patent number and how much the cost will be (in USD).

How Much Does a Patent Cost?

So how much does it cost to apply for a patent? This depends on what kind of product you are proposing or what kind of invention you are trying to create. 

Most non-software patents can be purchased for $850 (approx.) through the Canadian Intellectual Property Office and that includes all of your patent's fees. If you're looking to purchase a software patent, then you'll need to check out how much it will cost in USD before paying for your patent.

If you want more information about how to find out how much a patent will cost, we also have an article dealing with just that. Find out more about this here .

How To Apply

So now that you've decided that you need a patent, what do you do next?

You'll first need to sign up for a Canadian IP account. 

This will allow you to purchase a patent online and once one has been purchased, it is sent from the government office to your house. 

Can I apply for a patent in the USA? Yes! You can apply for patents in over 40 countries. We have an article about how to do this here . What if my invention was done in the USA? It might be possible for you to make an application for your Patents overseas. You can learn more about this here .

Conclusion

Patents are a great way to protect your business and keep others from copying your product. Whether or not your invention is worth the time and expense of applying for a patent depends on the value of your invention. Patents can also be sold for large amounts of money, which can make them even more imperative for protecting ones inventions.

If you have any questions about how to apply for a patent in Canada, please contact us .

*Please note that we do not provide legal advice . Also, if you have any other questions about patents, please feel free to email us directly at support@canadianipservices.