Definition
A patent is protection granted by a national government for an invention. This
protection excludes others from making, using or selling an invention for a
period of up to 20 years. Many drug companies and university researchers seek
patent protection to recover research and development costs for patents related
to specific genes and proteins, laboratory techniques and drugs. In order for
patents to be issued by a granting agency such as a Patent Office they need to
be new, useful and not obvious to others working in the same field.
For a more detailed description of patent law in Canada refer to the Canadian
Patent Act.
Requirements for patentability
1. Usefulness/Utility - The claimed invention must be useful/functional. A
machine must work according to its intended purpose and a chemical
must exhibit an activity or have some use.
2. Novelty -The invention must be different than anything known before; it
must not have been described in a prior publication and it must not have
been publicly used or sold.
3. Non-obviousness/Ingenuity -The invention must be a development or an
improvement that would not have been obvious beforehand to workers
of average skill in the technology involved.
Novelty and non-obviousness are judged against everything publicly known
before the invention, as shown in earlier patents and other published material.
This body of public knowledge is called "prior art.”
Types of Patents
There are three types of patents:
1. Utility patents - issued for any process, machine, article of manufacture, or
compositions of matters, or any new useful improvement. In general, this type of
patent protects the way an item is used or works. For example, golf club head.
2. Design patents - issued for a new, original, and ornamental design for an article of
manufacture. In general, this type of patent protects the appearance of an item, for
example, safety goggles.
3. Plant patents - issued for asexually reproduced, distinct, and new varieties of plants.
For example, a Dahlia plant named 'mystic wizard'.
Patent Families
A patent family:
is a group of patent documents from different countries that protect the same
invention.
defines the geographic scope of patent protection for an invention.
is useful for locating alternate language versions of a patent document.
Note: Patent coverage only applies within the country that grants a patent so that an inventor
must file a patent application in every country for which protection is wanted.
