Im in Canada. How do I research a new invention's patent potential?

For example, do I have to go through lawyers? Is there a data base I can access? What steps need to be taken?

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  • HK-boy
    Lv 4
    1 decade ago
    Favorite Answer

    First, you can search any patent database you can get hold of, for example the US Patent and Trademark Office:

    http://www.uspto.gov

    or the Canadian Intellectual Property Office:

    http://patents1.ic.gc.ca/intro-e.html

    That help you to find if there is similar patent registered in US or Canada.

    I dont know the law in Canada whether you can do it by yourself for patent filing.

    In general, the steps are:

    1. You do patent search, not only the US Patent and Trademark office's patent database (www.uspto.gov), but also worldwide database. Because if someone have invented your idea years ago and have it patented in United Kingdom, you cannot file the same in US even though that patent was not filed in US.

    2. Review the patent search result, and that helps you to improve your invention and improve the chances of being grant a patent later when you file your patent.

    3. Decide where in the world you want to file your patent, patent protection are per country basis, that is, a United Kingdom patent will not get protection in US. So for your invention, when successfully produced and marketed, you will have it made in Asia (for example China), sell to US and Europe. Then you need to file patent in China, US, and European Patent Office (to cover more than one countries).

    4. File the first patent application in one of the countries you selected. Once it is filed, you have 12-months period to file to the other countries. That is, for example, you file it in USPTO on Jan 1, 2007, then you spend the 12 months' time to market your invention, towards the end of 2007, you find it the invention will fly, then you spend more money to file patent in China and European Patent Office. These filings has to be done before Dec 31, 2007 and claim priority over your original filed US patent.

    After first filing, you are more or less protected in terms of your ownership of the patent in the filing countries, so you are more protected when you show certain portion of your idea to factory or potential buyers. And you are the only person who have the right to file patent in other countries within that 12 months period.

    Of course, you are recommended to hire some one who know the trade, that is, patent attorney to work this out.

    Source(s): I handle China and European patent filing from Hong Kong
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  • 4 years ago

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  • Anonymous
    1 decade ago

    I don't know details of the process but you can go to the Canadian Intellectual Property Office website for information or call 1.800.O.Canada if you can't find the information you're looking for.

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  • 1 decade ago

    In the US you can do a patent search at the uspto.gov website... not sure if canada has a similar service...

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