Patents: The Basics

A patent is a form of intellectual property rights that protects inventions.

What is patentable?

A product, a process, a machine, a composition of matter or any improvement of these.

Note that an idea itself is not patentable, rather it is the implementation of an idea that is patentable.

To be patentable, an invention must meet the following 3 requirements:

1) novelty (new)
2) inventiveness (not obvious)
3) utility (useful)

Patent Rights

A granted patent gives the owner the exclusive right of making, constructing, using and selling the invention.

Geographical Scope of Protection

A patent application is filed in each country or region that you are seeking patent protection (e.g. where you are selling your final product and/or where you are manufacturing the product).

Period of Protection

In Canada, a patent generally lasts 20 years from the date of filing the patent application.

Public Disclosure/Sale of invention

In some countries, any prior publication/public disclosure before filing a patent application could prevent you from obtaining a patent in those countries.In Canada, you generally have a 12-month grace period in which you can file patent application after a public disclosure.

The above content is for informational purposes only and is not legal or professional advice.

Contact Sander Law to discuss your patent matter!

Leave a Reply

Your email address will not be published. Required fields are marked *