Expert: Nyall Engfield - 11/4/2008

Question
How do I get a patent? How much do they cost?  How long does it take for a patent to clear?

Answer
In order to receive a patent for an invention in Canada, you need an idea for an invention that is new, useful and not obvious. The invention may be an art, process, machine, manufacture or composition of matter, or an improvement on any of these. However, the invention may not be a medical procedure, computer software generally speaking (which is protected by copyright), a life form (however this seems to be changing) nor a form that appeals purely to the eye (protected as an industrial design).

Once you have the idea, then you need to render it in a form by which a technical person skilled in that area could reproduce it. This usually involves a detailed description and drawings of the various aspects of the invention. Then, the invention may be filed. Each country has its own patent regime so you need to file in all countries in which you want protection for the idea, and you have a year to do that from the time the first country's application is filed.

Our firm, Andrews Robichaud, typically charges $3000 to $5000 for drafting a patent, or more depending on the complexity, with approximately $1000 further to file the application, which includes filing fees. I would recommend the use of a patent lawyer or agent to help with the application because there are many nuances in the drafting and filing of the application, that may jeopardize the protection you hope to receive.

Furthermore, within the first five years of filing, you must request examination of the patent, wherein an Examiner will look at the application and compare it to what is already out there (the prior art) to determine if it is new. Normally, you must justify your invention, or at least clarify a few things before the patent is allowed and issued, which typically occurs within two to four years after examination. However, your idea is still protected to a limited degree before the patent is issued, and you will be able to put "patent pending" on your product.

There is a great deal more to patents than I am able to set out for you here, and there are many nuances within the general terms listed above. If you provide me with more specific details, I would be pleased to provide you with estimates and more detailed advice. If you would like to try patenting your idea yourself, you can find some resources on the websites of the Canadian Intellectual Property Office and US Patent and Trademark Office.