Applying For A Patent: Criteria You Need To Fulfill

From portable nuclear shields to automated high five machines, the list of amusing ideas that have been patented is quite long. The current iPad dispute between Apple and Samsung is also an example of that. Patents are exclusive rights awarded to inventors to protect the rights to their creations and are a driving force to promote innovation in the economy.

Therefore, it is crucial for individuals and businesses to file their patent applications correctly. Mistakes during the patent process not only costs your business time and money but can also jeopardize your right to obtain a patent entirely.

Here are a few key requirements for a patent that businesses and individuals should keep in mind:

Receive a Filing Date

This is one of the most basic requirements for a patent. To apply for the patent, you need to obtain a filing date. The application needs to be addressed to the Commissioner of Patents at the Canadian Intellectual Property Office (CIPO). The request should include:

  • An indication in writing that a patent is sought
  • An application fee
  • The name and address of the applicant
  • A description of the invention or the idea

This is a decisive step towards obtaining your patent. The description of your patent needs to be clear and comprehensive. Vague or incomplete descriptions may lead to the rejection of your application. Consult a patent agent to ensure it is filed correctly.

Receive a Priority Date

The priority concept allows you to mark the original filing date which you receive from the patent office as a priority date. To do so, you need to file a second application which is in direct correlation with your original submissions to the CIPO.

The second application needs to be filed within 12 months of the initial request. If you add new material, it does not benefit from your priority date.

Complete the Application

While it is possible to obtain a filing date without filing a complete application, it is generally not recommended. Issues regarding the validity of your patent can be raised with the filing of an incomplete application.

In order to ensure a successful patent registration, the application needs to be finished prudently and systematically. Obtaining the assistance of a skilled patent agent can help you ensure timely submission of all documents related to your patent application.

Receive an Approval

CIPO is the final authority responsible for the approval of your patent. However, there are certain criteria for patentability which are required for the issuance of a patent. These conditions include evaluating the invention’s:

  • Novelty
  • Utility
  • Non-obviousness
  • Lack of antecedents

Besides these norms, your application also needs to comply with the patent rules established by CIPO. An experienced patent agent can assist you in determining whether or not your idea or invention is patentable, but can also help to ensure that you fulfill all the criteria needed to apply for a patent. Contact our patent agents to learn more about the patent process.