Utility Patents may be granted to anyone who invents or discovers any new and useful process, a machine, an article of manufacture, compositions of matter or any new useful improvement thereof.  It gives the owner the right “to exclude others from making, using, offering for sale or selling the invention throughout the territory the patent was granted.  They usually involve protection 20 years for utility patents.

Process for filing a copyright

Opening a file—Two choices

To open a file, we work with what we call an inventor’s kit. The regular kit number 1 is the one most people order unless you are a professional.

For the professional (engineer, industrial designer or small company), kit number 2 is the one we suggest. Companies and professionals don’t need an initial evaluation. Usually they know what is feasible and what isn’t. The next step for the professional is the Patent Search.

There is a charge of $25 + taxes for the kit. The kit which includes our official confidential disclosure form comprising of a pre-signed confidentiality agreement from the President which guarantees that your file is treated with total confidentiality. To open a file (Click here)

An initial evaluation—for those with the regular kit no. 1  

The principal objective of this evaluation is to avoid investing one’s time and money in an invention that may have serious flaws or challenges. For example, in one case, the idea (in the fishing field) was illegal, unknown to the inventor. In another case the idea would have been impossible to build from an engineering standpoint. The initial evaluation will eliminate any product that is not feasible. In addition, it enables the evaluator to compile the preparatory documents for the patent search.

Patent Search

We recommend a patent search as the next step in order to be sure that nothing similar was previously filed. You do not want to spend money on molds and marketing only to find out you have infringed on someone’s patent. We have seen this happen. A patent search protects everyone.

Provisional Patent

A provisional patent enables you to test your product, make changes, do a market study and maybe a short run to see if your idea can be profitable. If it is marketable, then you can pursue an official patent. The provisional patent gives you a priority date in more than 130 counntries and lasts for 12 months. A patent application must be filed within that period. However, on occasion it is deemed important for the inventor to file an application instead of a provisional patent. One of our consultants will be able to guide you.

Filing a patent in Canada and the US

Once you are sure of the potential of the idea, an official filing can be undertaken. The cost for the US and Canada is usually $5,000 plus taxes. The cost varies according to the complexity of the patent.

Filing a patent in other countries

Just like a provisional patent, a PCT (Patent Cooperation Treaty) grants an additional 18 months time to decide which other countries you’d like to file a patent in. A PCT application never issues a patent but serves as an extension of time for filing regular patent applications. Having the earliest filing date is beneficial for those countries having a first to file system. It must be filed at the latest within 12 months from the priority date registered on your provisional or official patent.

To hold a PCT is of course a big advantage if you want to commercialize your product in countries other than Canada and the United States. The same advantage applies when you are in negotiations with a firm eager to acquire the rights to your new product or technology. The PCT procedure consists of several phases, the two principle ones being the international phase and the national stage filing. National Stage filing is filing for a patent application is specific countries.

International phase: $6,400 + taxes.
National phase: $3,800 + taxes
Filing a patent application covering members of the European Union: 7,200$ + taxes

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