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The Inventor's Practical Guide

By Daniel Paquette

The 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 because it can allow them to steal significant market share from their main competitors.

You can decide to sell your invention or market it yourself. It is clear that if you fail to interest manufacturers in your product, or if you realize its commercial potential is less than you had imagined, it might be best to abandon it immediately. On the other hand, 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 seek protection.

A patent is essentially an agreement signed with a country's government that grants you, for a period of 20 years, a 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 you royalties. Keep in mind, however, that it can take two or three years between applying for and obtaining a patent.

For your patent to be granted, your invention must meet the following criteria:

• Novelty: An invention must not have been publicly disclosed, meaning it must not have been published in a book or newspaper, presented on television, or exhibited at a trade show, etc. If you need to discuss it with potential partners (bankers, industrial or commercial partners), have them sign a confidentiality agreement.

• The invention must be useful and innovative: This may seem obvious, but it must involve a break from commonly used methods in the profession, utilize new techniques, and result in a product that does not yet exist.

• It must be industrially feasible: A scientific concept, a work of art, a theory, etc., are not patentable.

• It must not be obvious to those skilled in the field.

If you lack the technical and legal knowledge to draft and file a patent application, I advise against attempting to do it yourself. Moreover, some inventor testimonials, which you can read on our website, are quite telling on this subject. You are very likely to spend a lot of money and energy on a poorly drafted patent that will not adequately protect your invention. Drafting a patent is a task for experts in this field. Our team is qualified to perform this work professionally in order to achieve optimal results for your official patent.

At this stage, Inventarium offers you three options for filing your official patent applications:

• In Canada and the United States simultaneously
• In Canada, the United States plus an international PCT application
• An international PCT application only

Upon receipt of your application, our drafter will prepare the description of your invention, and our registered patent agent will draft the claims. This document is then submitted to you for approval and signature. Patent applications are then forwarded to the Canadian and U.S. patent offices, and it typically takes eight to twelve weeks to receive official acknowledgments of receipt.

Official patent applications undergo a thorough examination by examiners who, within a period generally ranging from 12 to 24 months, issue a report of objections to the monopoly claimed by the patent application. It is possible to receive several objection reports during this examination process. Our agent's review of this report allows them to assess your chances of obtaining your patent. This information, along with the examiner's report, is then provided to you.

If you decide to proceed, our agent prepares the supporting arguments and any necessary amendments to meet the examiner's requirements. When the patent is granted, if applicable, the examiner issues a notice of acceptance, which we forward to you upon receipt. If, on the other hand, the result proves unfavorable, you will be able to abandon the process and thus save money.

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