Frequently Asked Patent Questions and Answers

The following are frequently asked patent questions and answers.  These questions and answers are provided for information purposes only and do not constitute legal patent advice. 

1. What is a patent? — A patent is a legal monopoly granted by the government to inventors for a certain period of time, in exchange for publicly disclosing the details of their invention.
2. How long does a patent last?  —  The length of time a patent lasts depends on the type of patent and when it was filed. Utility patents typically last for 20 years, or more, from the date of filing, while design patents last from 10 to 15 years from the date of grant depending on the country of grant.
3. How do I know if my invention is patentable?  —  To determine if an invention is patentable, it is important to first conduct a patent search to see if the invention is already known or described in the prior art. A prior art search can reveal if the invention is already patented, described in a published patent application, or disclosed in other publications such as academic journals or websites.If the invention is not found in the prior art, the next step is to determine if the invention meets the legal requirements for patentability. These requirements include novelty, non-obviousness, and usefulness. Novelty means that the invention must be new and not previously known or described. Non-obviousness means that the invention must not be obvious to someone skilled in the field to which the invention pertains. Usefulness means that the invention must have a practical application.If the invention meets these requirements, it is likely to be patentable. However, it is important to note that the determination of patentability is ultimately made by the government agency responsible for granting patents, such as the USPTO in the United States and CIPO in Canada.It’s highly recommended to consult with a patent agent who can conduct a prior art search, analyze the invention and help you to determine if your invention is patentable and guide you through the patent application process..
4. How do I apply for a patent?   —  To apply for a patent, you must file a patent application with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO) or the Canadian Intellectual Property Office (CIPO). The application must include a detailed description of the invention, as well as any drawings or diagrams that may be necessary to understand it, and claims defining the protection sought for the invention.
5. What is the difference between a utility patent and a design patent?  —   A utility patent protects the functional aspects of an invention, such as how it works or what it does. A design patent, on the other hand, protects the ornamental design of an invention, such as its appearance.
6. How can I protect my trade secrets?   —  Trade secrets can be protected through non-disclosure agreements, confidentiality agreements, and other legal means. It’s also important to keep the information secret, and take steps to prevent it from being discovered by others.
7. What is a provisional patent application?   —  A provisional patent application is a temporary patent application that allows inventors to establish an early effective filing date for their invention. The provisional application must be followed by a non-provisional application within one year.
8. Can I file a patent application on my own? —  Yes, you can file a patent application on your own, but it is often recommended to hire a patent agent, who can help you navigate the complex legal process and increase your chances of success.
9. How do I know if my patent has been infringed?   —  Patent infringement occurs when someone makes, uses, sells, or imports a product or process that is covered by one or more claims of a valid patent without the permission of the patent owner. If you believe that your patent has been infringed, you should consult a patent lawyer.
10. Can I license my patent to someone else?  —   Yes, you can license your patent to someone else, which would allow them to use your invention in exchange for royalties or other compensation. You can also sell your patent outright.
11. What is the process for getting a patent?  —  The process for getting a patent typically involves conducting a patent search to ensure that your invention is new and non-obvious, preparing and filing a patent application with the appropriate government agency, and communicating with the patent office throughout the examination process.
12. What happens during the examination process?  — A patent examiner at the government agency responsible for granting patents (such as the USPTO in the United States) reviews the patent application to determine if it meets the legal requirements for patentability, including novelty, non-obviousness, and usefulness. The examiner will also conduct a search of existing patents and published literature to determine if the invention is already known or described in the prior art.

    The examiner may also request additional information or clarification from the applicant, and may reject the application if it is found to be lacking in any of the required criteria. If the application is rejected, the applicant has the opportunity to respond and make revisions to the application before the examiner makes a final decision.

    Once the application is deemed to meet the requirements for patentability, the patent will be granted and issued to the inventor. The whole process can take several years depending on the complexity of the invention, the backlog of applications at the patent office, and the amount of back-and-forth between the applicant and the examiner.

    A patent agent can help guide the inventor through the patent application process and help the inventor to communicate with the patent office for a smoother examination process.

13. What are the benefits of getting a patent? The benefits of getting a patent include the legal right to exclude others from making, using, or selling your invention, and the ability to license or sell your patent to others for financial gain.
14. Do you have any Videos on the Canadian patenting process? —  Yes we do, please click this link to our You Tube Video.
15. What is the difference between a patent and a trademark? — A patent protects an invention, while a trademark protects a brand, logo, or slogan used in commerce to identify a product or service.  A patent protects an invention, while a trademark protects a brand, logo, or slogan used in commerce to identify a product or service.
16. What are maintenance fees or renewal fees for patents? — Maintenance fees, also known as renewal fees, are fees that must be paid to the government agency that issued the patent in order to keep the patent in force.  In sum jurisdictions maintenance fees are due annually after the application is filed and during the period the patent is granted.  These fees are typically due at specific intervals throughout the life of the patent, and failure to pay them can result in the patent expiring and losing its protection. The exact amount and schedule of maintenance fees can vary depending on the type of patent and the government agency that issued it. It is important to consult with a patent agent to ensure that you are aware of the maintenance fee schedule for your patent and to pay them in a timely manner to maintain the validity of the patent.