Patent Faq

By: Christopher Heer, Rebecca Silverhart, Dominic Cerilli, Ryan De Vries, Annette Latoszewska, Darragh Dzisiak, Daryna Kutsyna, Sarah Halkyard | Last updated: January 18, 2025

Unless otherwise specified, all question and answers relate to Canadian patents and patent law in Canada.

Sections:

General Questions
Before Filing an Application
Filing Process
Opposing Patents
Patents and Business
Similarities and Differences Across Jurisdictions

General Questions

Before Filing an Application

Filing Process

Opposing Patents

Patents and Business

Similarities and Differences Across Jurisdictions

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Patent Faq

Sections:

General Questions

1. What is a patent?

2. What is a patent application?

3. What legal rights does a patent owner have?

4. How can patents enhance the commercial value of ideas?

5. What is a patent worth?

6. What are the differences between patents, industrial designs, trademarks, and copyrights?

7. What is patentable?

8. What are the different types of patents I can obtain?

9. What are process patents and product patents?

10. What is the difference between licensing and assigning a patent?

11. How do you buy patent rights?

12. What kinds of inventions are eligible for patent protection?

13. What are the requirements for an invention to be patentable?

14. What is prior art?

15. Why do a patent search or patentability assessment?

16. What is the priority date?

17. What if my idea is old but no one has ever patented it?

18. What if my idea was patented but the filing expired?

19. How are patent rights enforced?

20. Who decides if patents are granted or not?

21. What is a patent lawyer?

22. Can I obtain a patent but keep my invention confidential?

23. Can I patent my invention and keep parts of my invention secret to the public?

24. Can I obtain a patent on my software-related invention?

25. Can I patent my app?

26. Can I patent computer code?

27. Why are patents necessary?

28. What role do patents play in everyday life?

29. What is patent information?

30. Why should I care about patent information?

31. Are US patents valid in other countries?

32. What is the Patent Register?

Before Filing an Application

1. When should you apply for a patent?

2. How long does the application process take?

3. What are the steps to patent filing?

4. What are the costs associated with obtaining patent protection?

5. What is a preliminary patent search and how is it conducted?

6. How can I search for inventions that have already been patented?

7. Can I conduct a patent search myself?

8. What does "patent pending" mean?

9. What might prevent a patent application from being granted?

10. Can I tell others about my invention?

11. Can I discuss details of my invention with a potential investor before filing a patent application?

12. What is a Non-Disclosure Agreement and why do I need one?

13. What is a provisional patent application?

14. How is a patent granted?

15. How long does the application process take?

16. What are the costs of patent protection?

17. When would I file multiple provisional applications for a single invention?

18. Can I still apply for a patent after I have published my research findings?

19. Can I establish a priority date or proof of date of invention by sending a letter to myself?

20. What kind of services does a patent agent offer to their clients?

21. Why are laboratory notebooks important?

Filing Process

1. Who grants patents?

2. What's in a patent application?

3. How can I help my patent agent?

4. Is a prototype required to file a patent application?

5. Why do I need to indicate who the inventor is?

6. What is examination and what happens during an examination of a patent application?

7. Can examination of my application be accelerated?

8. Who owns the patent?

9. What should I do if my patent application is rejected?

10. What should I do if the Patent Office issues a final rejection?

11. Will the government help enforce my patent?

12. What is CIPO's MOPOP?

Opposing Patents

1. How do I keep track of competitors' patents?

2. How can I oppose a competitor's patent application?

3. How do I object to a competitor's patent after issuance?

4. What is a patent validity opinion?

5. Can a competitor make small changes to my invention to avoid infringing my patent?

6. Am I free to do something if it is described in my patent?

7. Is there patent insurance that can help me pay for litigation?

8. Can I improve an item that is already patented?

9. Does finding a new use for an existing product count as a patentable improvement?