Frequently Asked Questions

WHAT IS A PATENT?

A patent is a legal right granted by the government that allows you to stop others from making, using or selling an invention during the term of the patent. In Canada, a patent owner has the exclusive right to make, use, or sell an invention claimed in the patent for a term of twenty years from the filing date of the patent application. After the patent term expires, the invention falls into the public domain and is free for everyone to use.

WHEN SHOULD I APPLY FOR PATENT PROTECTION?

It is beneficial to apply for patent protection as soon as you have an invention that appears patentable. Many jurisdictions, including Canada and the US adopted a first-to-file patent system. This means that the patent application that is filed with the patent office first has priority over a later-filed application claiming the same subject matter.

CAN I OBTAIN A WORLDWIDE PATENT?

No. Patents are territorial, meaning that you have to file a patent application in each country of interest in order to obtain patent rights in those countries. The grant and enforcement of patents are governed by national laws, and while the laws of most countries are generally similar, each is unique. There are international treaties and unions in place to provide certain benefits for applicants who decide to file in a number of foreign countries and these international treaties and unions can help to reduce or defer patent costs. However, most treaties and unions still require a patent to ultimately be obtained in each country of interest.

CAN I TELL OTHERS ABOUT MY IDEA?

No. The rule of thumb is always keep it secret. Publicly disclosing the invention before filing can prevent you for obtaining patent protection in many jurisdictions in the world with few exceptions that provide a grace period for seeking patent protrection after a public disclosure. “Public disclosure” encompasses any non-confidential disclosure, and includes written or electronic communications, public oral disclosures, public demonstrations, public use, and can include offers to sell a product or actual sales. Non-confidential disclosure to even one person, whether in Canada or elsewhere in the world, may be considered a public disclosure.