Have an invention you’d like to protect? You need a patent.
A patent is a legal document issued by the government that grants the patent holder the exclusive right to make, use, and sell an invention for a specified period. Once granted, this document prohibits other parties from using, imitating, or profiting from the patented item. For a thing to be patentable, it must be both inventive and innovative. According to the Canadian Patent Act (R.S.C., 1985, c. P-4), “invention means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter.”
In Canada, a patent is typically valid for 20 years. Once 20 years have passed and the patent has expired, the patent holder needs to have the patent renewed; otherwise, they lose the exclusive ownership over their invention, and the invention enters the public domain. It is essential to note that there is a fine line between a trademark and a patent. More specifically, trademarks are for products or brands, whereas patents are exclusively for inventions.
What Makes An Invention Eligible For Patent Protection?
Securing a patent is not a simple, one-step process – it involves multiple stages of examination with rigorous scrutiny. Canadian Patent Law has established three criteria that must be met for an invention to be patentable. These are (1) newness or novelty; (2) inventiveness or non-obviousness; and (3) usefulness.
Newness or Novelty
The first criterion is novelty, meaning the invention must not have been disclosed to the public prior to being patented. For example, any research findings or publications related to the invention can prevent patent approval by constituting prior disclosure. If an invention has already been disclosed, it is considered “anticipated” and cannot be patented.
Inventiveness or non-obviousness
The second criterion is inventiveness or non-obviousness. Put simply, the invention must not be an obvious extension of existing knowledge. To assess whether this criterion is met, patent examiners compare the invention against publicly available knowledge, including existing ideas, technologies, and research—collectively known as prior art. The examination process identifies the differences between the claimed invention and what was already known, ensuring that the invention offers a genuine advancement.
Usefulness
A patentable invention must be practical and functional, rather than purely theoretical or speculative. Its usefulness can be demonstrated by showing how it operates, often with practical examples. If direct demonstration is not possible, a clear and reasonable explanation of its functionality may be enough to establish its utility.
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