Frequently Asked Questions about Patent

  1. What is a patent?

A patent is a document whereby the government grants the right to prevent others to make, use or sell an invention. Canadian patent is valid for 20 years from the date the application was filed. The patent application is published 18 months after the date of filing. The patents cover inventions (products, compositions of matter, devices, and processes) and any improvement of an existing invention, having the character of novelty and usefulness.

2.  Why obtain a patent?

Without a patent, you can not only protect your invention as a trade secret. Your secret will be revealed when you publish or begin to sell your invention; from that moment, anyone can use your invention.

Even if you keep the secret, if someone else made the same invention independently, that person may obtain a patent and prevent you from using the invention.

3.  Is it mandatory for a patent application?

For the protection conferred by a patent, you must apply for a patent and receive one. Since patent laws are national laws, you must obtain a patent in each country where you want to have protection.

4.  What should I consider before applying for a patent?

It is important to educate yourself because patent applications can be complex. That is why one should consult with a forth worth patent attorney.

Identify your needs and determine whether a patent is a protection you need or if you need another form of intellectual property protection as a trademark or copyright.

Make a preliminary investigation to determine if the invention already exists. So you can save time and the application fee for a patent application. Start by doing a search in the Database Canadian Patents.

Keep quiet about your invention or your knowledge and do not reveal the details directly.

5.  How to prepare and file a patent application?

Useful reference tools or information is provided on USPTO website or you may ask help from a fort worth patent attorney law firm.

When you are ready, you can make a patent application in Canada by mail by sending a request and the fees requested our patent office.

6.  Steps to obtain a patent in the US

  • Determine if you need a patent attorney. (Note: If you choose to hire an agent, it can help you with the next steps.)
  • Do research Preliminary (whether the invention has already been patented, consider not to prosecute).
  • Write a patent application.
  • Submit your request.
  • Seek review of your application.
  • The examiner will search the prior art and studied your request.
  • The examiner approves the application or object.
  • Answer objections and demands of the examiner.
  • The examiner reviews the application again and he accepts or requires other changes.

 

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