Know When to Opt for a Patent and How to Go about It with patent lawyer Canada Legal

Know When to Opt for a Patent and How to Go about It with patent lawyer Canada

BY Rickey Jones • December 15, 2015
Rickey Jones

Rickey Jones

  • 25 Articles
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  • Joined November 25, 2015

If you are thinking to go for a patent, please be noted that patent is not required for your business. It requires trademark. Even the products, songs or plays neither require a patent. It is copyright that is required. But, if you are dealing with an invention and want to protect its privacy and undue usages, you definitely need to have a patent for the invention in concern. In simplest term, it is a monopoly you will impose in the invention, which can obtained from the Government or the scheduled Government Affiliated concerns. In Canada, the patent stays in effect for a stint of 20 years, however, in other countries, the period varies.

In absence of a patent the invention can come under the influence of violation of the exclusive right to make, import, sell, and otherwise commercial usages or exploitations. This suffices the reason, why you should go for a patent to cover an original and useful invention. Although, as the patent loses its coverage period, the same can be exchanged in the society for knowledge, while gaining the discloser of the invention and thus, its free usage, it can be further reinforced, for which you can take the professional help from a Patent Lawyer Canada presently has in its legal arsenal.

It has been observed that 90% of all the new listings of patents are basically the applications for the improvement and extension of the existing ones. In some special cases it even requires the permission of the original inventor to work upon or make the patent of an improved invention. However, it is always the best option to seek for the legal advice to proceed in this matter.

The basic three criteria involved in the registration process of patent are furnished below.

  • The invention due for the patent must be new in the sense that the same has not been made publically available anytime before the making of the application. The applicant should be the original inventor or it may be the assignee of him/her, but no one who has taken the product or developed further based on the original idea.
  • At the time of patent application, the invention must show its functional aspects, as it has been described in the research. If it does not work at that time, it will be perceived that it will never work, and will not stand as patentable.
  • To secure the patent, it must show the unique approach it has and not the obvious factors that someone with the particular skill can produce or reproduce.

As the experts say, you must not public your invention in real sense, before it is patented. This can be one of the major pitfalls from your end before the patent is done. In case, you are pressed upon the issue to the extent that you really need disclose it, do it under the agreement of non discloser or the confidential agreement. Nevertheless, some countries allow you to disclose your invention before patent, for a grace period of one year.




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