How to Patent Your Ideas and Assets in Canada: Part 2
In our previous blog, we outlined the first series of necessary steps to patenting your assets. In this blog, we will continue with the next actions needed to be taken, which is filing your applications.
2) Put Together Your Application
Your patent application will contain two main components: the specification and the claims. The specification provides a full description of the invention, including how the different elements of the invention work together, what it does and any important information about the invention. The claims set out the framework for what you are trying to protect. The claims are akin to a fence where an attempt is made to fence in your property while leaving property that does not belong to you unfenced. Your application may also include drawings that show details of your invention.
3) Submit Your Application
You can submit your patent application either electronically through the Canadian government website here (complete with related digital files and images), or in writing. Once your application is submitted, it will be assigned a filing date and number that can be used to track it. Once your application has been filed, you can claim patent pending status. Filing a patent application does not guarantee that your patent will be approved by an Examiner.
It is generally recommended that applicants seek out the assistance of a registered patent agent or lawyer. An agent can guide you through the patent process and help prevent common errors that are made by inexperienced applicants. If you have any questions about filing a new application or reviewing an existing one, contact our team of patent lawyers or agents for a free consultation.
4) Request Examination
In Canada, the review process doesn't begin automatically after filing. A formal request for examination and payment of an examination fee must be made within fives years of the filing date of the application. If you do not request an examination within the appropriate time period, your application will be considered abandoned and you may lose patent rights.
In the final blog of our three-part series, we provide you with one of the most frequently asked questions about filing a patent, what happens next?
For help filing an application or renewing a current trademark, contact our trademark and patent lawyers and agents in Edmonton for a free consultation.