HOW TO APPLY FOR PATENTS Part I

WHAT IS A PATENT?
A patent is the exclusive right granted by the government to manufacture, import or sell a product or to use a process (a manufacturing process). A patent prohibits anyone else other than the patent owner or anyone authorized by the patent owner, to manufacture, make, import, or sell the product or process described in a patent.

Patents may be sold or licensed to other parties. Licensing a patent involves granting authorization to someone other than the owner of the patent with the right to use the patented product or patented process.

Once the patent has expired, anyone can make use of the patented product, idea or process. You can not patent a hypothetical idea, that is, an idea without a final result (this is what is known as the physical embodiment of the idea) or something which is tangible.

WHAT CAN BE PATENTED?
For a new product or process to be patentable, the product or process must be unique, inventive and new, on a worldwide basis. Your product or process must be useful, that is, it must be functional and have a purpose or a benefit which will be derived by the user of the product or process. The invention cannot be known previously anywhere else in the world. It also must not be obvious to anyone else who has experience in the area of the invention.

CAN I PATENT AN IMPROVEMENT ON AN EXISTING IDEA?
For your idea to be patentable, it does not need to involve a brand new product or process. Instead, it can involve an improvement to an existing product or process, where that improvement is not obvious to someone else having experience in the area of the invention. As well, to be patentable, your idea for an improvement must not be a mere combination of features or components which are already in existence in products or processes which have been previously patented.

WHAT IS THE TERM OF A PATENT?
Prior to October 1989, the term of a patent in Canada was seventeen years beginning with the date that the patent was issued by the Patent Office. In the US, the term of a patent prior to June 1995 was also seventeen years from the date of issuance. This term was changed in Canada and the US to twenty years from the date you file your application.

It is not relevant how long your application may take until it is approved (known as patent pending), since the term of any patent, at least in Canada and the US, is now twenty years.

If your application takes one, two or three years to issue, the same twenty year period will apply.

In the next issue we’ll get into patent searches and how to find out if your idea is in fact new or unique.