Patents as a form of intellectual property is an important element of Canada’s economic growth. They promote creativity and innovation by allowing inventors exclusive rights to their inventions within a specific period. To prevent overlaps, however, Canada maintains a patent finder that helps further safeguard inventions at a large scale.
To preface, a patent grants its holder exclusive rights to make, use, and sell an invention for 20 years. However, obtaining a patent in Canada is not as simple as filing an application. The process is governed by strict legal requirements and a careful assessment process to determine if an idea is truly new and inventive.
Brief overview of patents
A patent is a legal right granted to inventors for new, useful, and non-obvious inventions. The primary authority concerned with patent applications is the Canadian Intellectual Property Office (CIPO). This is the agency that enforces the provisions of the Patent Act.
Canda’s official website offers an overview of the steps when applying for a patent. Given the complexity of patent law, however, working with a patent attorney is highly recommended. These professionals guide inventors through the process by making sure that applications meet all legal requirements.
Note though that the most important role of patent attorneys is the initial patent search. Here’s a helpful video explaining patent searches:
Why is patent search important?
An important requirement for patentability is “novelty.” This means that the object of the patent must be unique and unlike any other product in the world. A patent search, with the help of a patent finder, is the only way to confirm if a product is novel within the context of the law.
But won’t CIPO do their own patent search? Of course! However, that doesn’t mean that inventors should skip doing their own search. Here are just some of the reasons why a search before application is encouraged.
Ensuring invention is truly new
The requirement of novelty applies to all approved and pending patents. Hence, the search covers a wider area since even earlier applications must be investigated. By searching existing patents and pending applications, inventors can avoid investing time and resources into an invention that may not be eligible for a patent.
Reducing the risk of application rejection
One of the main reasons patent applications are rejected by CIPO is the existence of previous patents or publications that cover similar inventions. Conducting a thorough patentability search lets inventors refine their invention or application before submission. This is especially true for divisional patents.
Avoiding infringement
A comprehensive patent search not only protects one's own interests but also helps avoid infringing on the rights of others. If one launches a product or process that is already patented, there could be costly legal disputes or damages.
Supporting business decisions
Patent searches provide insights into the competitive aspect of a market. By reviewing patents filed by others in the same field, businesses can make informed decisions about research and development. This information can also help form decisions on pursuing licensing opportunities, partnerships, or further innovation.
For example, imagine a partnership with a smaller startup in the medical device sector. By reviewing the patents filed by the startup and its competitors, the company finds out the true value of the startup’s intellectual property. Ultimately, a patent finder allows a company to assess the value and risks of the partnership.
Facilitating international protection
Inventors who plan to commercialize their invention outside Canada should extend to international databases for their patent search. This helps secure cross-border protection and avoid infringement on foreign soil. Cross-border lawyers can guide through the complexities of international filings and enforcement.
Foundation of a strong patent application
Ultimately, a patent search lays the groundwork for a successful application in long-term intellectual property management. By using patent finder tools and consulting with experienced patent agents or lawyers, inventors can be sure that their invention is protected, and a business is positioned for growth.
Patent finder options in Canada
A patent search is only as good as the platform used to find existing patents. Fortunately, Canada has several patent databases and patent finder tools to help inventors, businesses, and legal professionals conduct a search. Here's a look at the different patent finder options available today:
Canadian patent database
The Canadian Patent Database is the primary resource for searching patents and published patent applications in Canada. It is managed by CIPO and lets users search for patents by keyword, patent number, applicant, inventor, and more. It provides access to full-text documents, abstracts, and legal status information.
Patent search can also be done by entering the patent number of a product or process.
CIPO also offers patent information by bulk. To conduct a targeted search, the Canadian Patent Database also lets users search patents by number, applicant, inventor, or specific keywords. This is especially useful for identifying direct competitors or similar technologies in the field.
Google patents
Google Patents offers a user-friendly interface for searching global patent data. This covers Canadian, US, and European patents. The United States Patent and Trademark Office (USPTO) database is also useful for cross-border searches, especially for inventors who plan to commercialize their invention in the US.
Patent finder by inventor or company
To find patents filed by a specific inventor or company, most databases allow searches by name. This feature is particularly useful for monitoring competitors or tracking innovation trends within a particular industry.
PQAI patent search tool
PQAI is an AI-powered patent finder tool. It's open source and was developed through the collaborative efforts of the Georgia Intellectual Property Alliance and AT&T. It’s a great starting point for a patent search but should not be the sole resource for inventors.
WIPO patent finder
WIPO also has a simple search database covering around 124 million patent documents filed all over the world. They even have a Live Chat for anyone who wants to find out more about the tool. Here’s a short tutorial on the use of WIPO’s patentscope:
These are just some of the patent finder tools available today. By leveraging these patent databases, inventors can conduct a thorough search, identify relevant prior art, and lay the groundwork for a successful patent application.
How much does a patent cost in Canada?
Standard government filing fees are set by CIPO and depends on the entity filing the application. To start, the application fee for a small entity is less than $300 while a standard fee is around $600.
Maintenance fees are also required to keep patents in force. For many applicants, the overall cost of securing and maintaining a patent is around several thousand over the life of the patent. It’s important to budget for these expenses and consult with an intellectual property professional to understand the full financial commitment involved.
Cross-border concerns affecting patents
Securing a Canadian patent is a significant achievement, but it’s important to remember that patent rights are territorial. This means exclusive rights under the Patent Act only apply within Canada. Inventors who plan to manufacture, sell, or license inventions outside Canada must also get patent protection in other countries.
Cross-border lawyers play a role in helping inventors manage these challenges. They can advise on where to seek protection and coordinate filings in various countries. For inventors looking to commercialize internationally, working with experienced cross-border lawyers can help them avoid mistakes and delays in application.
Best practices for patent searches
A patent finder is just a tool that works best with the help of experienced users. Here are the best practices associated with its use:
Use trusted patent databases
Some of the most trusted databases have already been discussed above. Search by keywords, industry, inventor names, and relevant technical fields to uncover existing patents and published applications.
Confidentiality before filing
Secrecy is important before filing. The good news is that you don’t have to wait for approval because filing itself already gives you some protection. If you must share details, use confidentiality or non-disclosure agreements.
Use patent finder tools
Leverage patent finder tools mentioned here to streamline your search process. Regular use of these tools ensures you stay informed about new developments and potential competitors.
Consult IP professionals
Engaging with the best intellectual property lawyers in Canada is highly recommended. These professionals can provide insights you might not immediately think about as an inventor. Being familiar with the process, their understanding of patent searches is also more extensive compared to a layman.
Stay current
Patent law evolves. Regularly review resources from CIPO, WIPO, and other reputable organizations to maintain a patent strategy that’s both effective and compliant.
By following these best practices, inventors can maximize the value of their intellectual property and avoid common pitfalls that could delay applications.
Next steps and legal resources
For further guidance on the patent process, cross-border protection, or any legal questions about intellectual property in Canada, be sure to consult our legal FAQ page. This resource offers answers to common questions and connects you with expert advice, helping you confidently navigate the complexities of patent law.
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