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Regular process
Regular process
Step 1: Opening the file and preliminary analysis
The primary purpose of this step is to verify whether the invention is feasible and marketable. Indeed, certain laws or regulations may prevent you from marketing a product. For example, if your invention involves a gas whose use is prohibited, obtaining a patent will be pointless. It's better to know this beforehand than after you've spent time and money on its protection and development.
It may also be beneficial for you to get a professional opinion on different aspects of your invention. Their opinion may differ from yours and lead you to question the wisdom of initiating the process.
Based on the analysis of the information you provide in your confidential disclosure form, the evaluator will prepare a report of approximately fifteen pages containing comments, suggestions, and recommendations divided into seven distinct sections, namely:
Description of the invention;
Business opportunities;
Social factors;
Market introduction;
Competition;
A summary of opportunities and obstacles; and
The conclusion.
His report will include objective observations and comments, based on his experience, which he has chosen to formulate solely to help guide your future steps. This assessment does not claim to be an in-depth study revealing your chances of success, but rather a helpful reminder that you can refer to throughout the process.
The evaluator will also take this opportunity to identify and then list the characteristics of your invention, the source codes, classes and classifications that will be given special attention when searching for prior patents.
Cost: $180 + GST and QST*
Delivery time: 10 working days (approximately)
Step 2: International Prior Art Search
This search is the most important step in the process of obtaining a patent for your invention. It is essential to confirm whether your invention is truly new or if, on the contrary, it is already covered by a prior patent. The search report includes a free consultation with Mr. Daniel Paquette (a $160 value plus GST and QST), who will review your file to help you make an informed decision about whether or not to proceed with the patent application. Benefit from his 40 years of experience in the field as he guides you toward success.
Some intellectual property firms still offer their clients the option of searching only the US patent database, which contains approximately 70% of the world's patents. It's crucial to understand that there is only one inventor in the world for every invention. Therefore, searching only in the United States carries a significant risk, as a patent for a similar invention, not filed in the US, could be cited as an opposition by patent examiners. In such a case, your official patent applications would be rejected, regardless of the countries in which they were filed. This is why, at Inventarium, we offer only international patent searches.
After a thorough analysis of the patents deemed relevant to your invention, our research agent will prepare a detailed report of the results of their research, divided into seven distinct sections:
The description of the research officer's mandate;
Description of the invention;
The characteristics of the invention;
Prior art search;
A description of the patents deemed relevant;
Analysis of patents deemed relevant;
The criteria for obtaining an official patent; and
The conclusion.
Costs: $1,380 + GST and QST*
Delivery time: 3-4 weeks (approximately)
Step 3: Provisional Patent
The basic protection for an invention found to be patentable after a search of prior patents is the provisional patent. Filing a provisional patent establishes a priority date valid for 12 months and recognized in all countries signatory to the PCT (approximately 140 countries), including Canada and the United States. This priority date will be claimed later when filing formal patent applications, provided these applications are filed before the expiry date of the provisional patent. The provisional patent can be filed in the United States or England. For practical and economic reasons, we prefer to file it in England. The provisional patent is never published or examined; it will be granted automatically provided it meets the acceptance criteria.
Before the end of the 12-month period, if you are not yet ready, technically or financially, to proceed with filing your formal patent application, you can re-file your provisional patent. However, you will then lose the advantage conferred by the first filing date, as only the date of the second application will be considered. This means that if, during the preceding 12 months, someone else has filed a patent application for an invention similar to yours, the patent will be granted to them, and you will have to abandon your project. The main advantage of this provisional patent is that it allows you to verify the viability of your product before incurring expenses for its development and formal launch. Furthermore, considering that a formal patent requires a significant investment, if the results of your study are unsatisfactory and you decide to abandon the project, you will have saved substantial sums of money that you can then dedicate to your next invention.
The provisional patent is drafted by our patent drafter based on the information disclosed in the confidential disclosure form. It includes the description of the invention, a general claim, technical drawings, and a summary. The inventor is responsible for providing the technical drawings that must accompany the description of their invention. If they do not have these drawings, Inventarium can create them for them at a very competitive price. Our drafter works closely with the drafter and will be able to produce the exact number of figures required.
As soon as your provisional patent is filed, we will send you the priority date and registration number. Your invention can then be disclosed safely, whether for development, market testing, finding interested companies or investors, etc.
Upon receiving notification of the filing of your provisional patent, you can order one or more certified copies. This document, duly sealed by the Patent Office, could be very useful in any negotiations with investors, companies, or other parties. During the one-year protection period of your provisional patent, it is important to make every effort to quickly develop your product so that you can file your formal patent applications before its expiry date.
Costs: $1,480 + GST and QST*
Delivery time: 3-4 weeks (approximately)
The following are not included in this price:
Technical drawings must accompany the description of the provisional patent. A submission can be provided upon request;
The deposit and handling fee of $160 + GST and QST payable at the time of deposit; and
Certified copies of the provisional patent are optional and produced by the Patent Office only upon special request.
IMPORTANT: If you wish to transfer the exploitation rights of your invention to a company in exchange for royalties, a provisional patent may be sufficient to achieve this goal. The company will normally agree to pay the costs of the formal patent, so you do not have to take the following steps.
Official patent
The ultimate goal of inventing a product isn't to obtain a patent, but to make it a market success. However, when you believe you have a winning product, you naturally want a monopoly on its sale. Filing official patent applications is the final step related to the intellectual property of your invention. Obtaining a patent adds value to your product because no one can manufacture, sell, or even use it without your permission. This monopoly, however, is only valid in the countries where your patent has been filed and granted. It is this monopoly that companies seek, and to acquire it, they are sometimes willing to pay a high price, as it can allow them to steal significant market share from their main competitors.
You can decide to sell your invention or market it yourself. Obviously, if you fail to interest manufacturers in your product or if you realize its commercial potential is less than you anticipated, it might be best to abandon the project immediately. However, if your invention achieves the expected success, you will need to file a formal patent application a few months before the end of your one-year temporary protection period and determine in which countries you intend to protect it. A patent is essentially an agreement signed with a country's government that grants you a 20-year monopoly on the exploitation of your product. After this period, anyone can manufacture, sell, or use your invention without having to ask your permission or pay royalties. Keep in mind, however, that it can take two or three years between applying for and receiving a patent.
Costs: to be determined according to the complexity of the invention (flat rate for Canada and the United States between
6,200 and 8,200 + GST and QST *)
Delivery time: 40 days (approximately)
Inventarium also offers financing for your official patents over a 12-month period at a legal interest rate of 6%. Contact us for more information.
Administrative Fee Policy*
We would like to inform you of our 2.5% administrative fee, which will be applied to the total amount before GST and QST on invoices. This fee will be clearly indicated on each invoice Inventarium sends you. This fee covers certain costs included in the free starter kit.
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