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Patent
Protection
A patent gives you the right to exclude others from making, using or selling your invention.
Most countries grant patent protection for 20 years from the date of filing a patent application. ln order to be patentable, an invention must be novel, non-obvious and useful. Your invention must work as described in your patent. lt cannot be an obvious improvement over prior art. Finally, your invention must encompass statutory subject matter (for example, in Canada, a method of medical treatment is not patentable), and generally cannot merely be an abstract idea (for example, mathematical formulas are not patentable).
A patent is a business asset that provides you a competitive advantage. You can license it, include it in negotiations when applying for funding or when partnering with other companies, or you can sell it for profit. A portfolio of patents will provide you with additional leverage in the marketplace.
Aventum’s Patent
Expertise
Aventum IP Law LLP will help you determine if applying for a patent is right for you, and will do the necessary searches to find out if any similar patents or patent applications have been published.
We will work through the entire process with you, including applying for patents in Canada and other countries, advising in relation to federal grants, and coordinating with other companies that will help you get your invention to market. We will also assist in providing a patent landscape that lays out who holds IP rights in one or more sectors. This valuable tool will help you formulate R&D strategy.
We can assist with policing the marketplace, acting on unauthorized use, and commencing and defending contentious proceedings.
Patent
FAQ
Patent Prosecution Highway (PPH)
The PPH provides a way to accelerate the patenting process in one jurisdiction, based on the allowance of your patent application in another jurisdiction. The PPH allows you to save time and money.
Green Technology Program
If you have an invention that relates to technology, the commercialization of which would help to resolve or mitigate environmental impacts or conserve the natural environment and resources, it may be eligible for accelerated examination under the Canadian Intellectual Property Office’s (CIPO’s) Green Technology Program.
What can be patented
In Canada you can patent a composition, a method, a process, an article of manufacture and a use of a product. You cannot patent an abstract idea, a mathematical formula or method of medical treatment.
Patent landscape
Whether you are a start-up, or you already have a patent portfolio, we can provide a comprehensive IP landscape about the subject area of your technology. This analysis details the IP coverage of the competition, helping you establish an effective R&D strategy.
Where to file
In today’s world of first-to-file, a common strategy includes filing a provisional patent application in the U.S., at the United States Patent and Trademark Office (USPTO) first. The provisional application provides you with a filing date and time to further perfect your invention. Whether you plan to look to the North American market, or internationally, we can provide you with a filing strategy suited to your vision and budget.
Effects of publicizing your invention before filing an application
Be careful of publicizing your invention prior to filing a patent application. While the US and Canada provide a one-year grace period, other jurisdictions (such as Europe and China) are not so forgiving. We recommend filing first, before going to a trade show, submitting an abstract, handing out samples, seeking crowd-sourced funding, or publicizing your invention in other ways. We can also help you draft confidentiality and non-disclosure agreements.
Canadian process
Several deadlines are initiated once your application is filed at the Canadian Intellectual Property Office (CIPO). Two years from the official filing date, you will have to pay annual maintenance fees to keep the application on file. You have up until five years after filing to request examination of the application. During the examination, the patent office may object to the application based on prior art, formalities or other grounds. If these are properly addressed, the application is allowed. This process can be shortened via the PPH program. In addition, documents will have to be filed if a change in ownership takes place.
