|
|
|
|
Legal Line® provides Free legal information to Canadians through its website, telephone and fax-on-demand systems.
1,000 topics are covered within 35 areas of law...
Search...
Ontario|Intellectual PropertyPatents 298 What happens in the application process? Applying for a patent is a complicated process and you should contact a patent lawyer or a registered patent agent for assistance.
In Canada, there are four main steps in the application process and it will usually take two to three years to complete. The four application steps are: filing the application, a request for examination, a prosecution of examination, and the granting of a patent.
- Filing the application
The first step is to file the application with the Patent Office. Applications will be accepted for filing whether or not they are complete. If your application is complete, it will be assigned a number and a filing date. The Patent Office will issue a filing certificate that contains this information. Your lawyer or patent agent will keep a record of the number assigned to your application and refer to it in all correspondence with the Patent Office. The government fee for filing an application is $150 for a small business or an individual inventor, or $300 for all other applicants.
- Incomplete applications
If the application is incomplete, providing certain base requirements are met, it will still be assigned a number and a filing date. However, the application must be completed within a specific time, or your application will be considered abandoned. You must also pay an additional $200 to complete the application.
- Requesting an examination
The second step is to request an examination. A request for an examination must be submitted in writing to the Patent Office within five years of filing your patent application. An examination fee of $200 for individual inventors or small businesses, and $400 for all other applicants must be included.
- Prosecution of examination
After the request for examination has been made, the patent examiner will review your application. The examination process may take two or three years. The examiner will review the claims and ensure that your invention is new and non-obvious. The examiner will search for prior art. If the examiner has no objections to your application, then you will be granted a patent. There is rarely an application that does not have any objections.
If the examiner has objections about some aspect of your application, your patent agent will receive a letter of objection from the Patent Office. However, this is not the end of your application. You are given an opportunity to respond to the objection and if the Examiner is satisfied with your response, then the application will be allowed. Your patent agent is experienced in responding to objections. The process of receiving and answering objections may be done several times.
If the Examiner's objections cannot be satisfied, your application will be rejected. You can appeal this decision to the Patent Appeal Board. Your patent agent can help you file an appeal.
- Granting a Patent
If the examiner allows your application and indicates a willingness to grant you a patent, your patent agent will receive a Notice of Allowance by mail. You will be required to pay a final fee of $150 for an individual inventor or a small business, or $300 for all other applicants. The patent will be granted approximately six to 16 weeks after the final fee is paid.
Patent law and the patent application process are both complicated and technical, and you should contact a registered patent agent or patent lawyer to assist you with your application.
|