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Understanding patent applications

Intellectual property rights are a way for people to protect their ownership rights regarding the long-term benefits on something they have created – whether it be art, designs, a name or a product. Specifically, patent rights protect the creator of an invention. The invention can be a product or a process, and patent laws allow the creator legal protection from any duplication for a certain amount of time.

As the creator of a new product or process, you want to be compensated for the work that you’ve done. Patent laws allow you to control who you wish to use your invention, or how it should be distributed. There are a number of criteria to meet and documentation required for your patent application. Also, since the duration of a patent can be lengthy, it’s usually crucial for an inventor to make sure they patent something first in order to obtain these rights.

As applying for a patent can be a complex task, it’s best advised to consult with a legal professional experienced in corporate laws. He or she can assist you with:

  • Making sure you have everything required for the application;
  • Spotting any pitfalls or shortcomings;
  • Helping you resolve any defects or problems that may arise.

As outlined on the World Intellectual Property Organization website, Canada recently joined the Patent Law Treaty. This treaty was signed by approximately 42 countries and aims to provide some consistency amongst patent requirements and application processes across nations. The rules of the treaty will come into effect for Canada in October 2019. This announcement comes on the heels of another Canadian intellectual property announcement. WIPO also reports that Canada has joined three other treaties – the Madrid Protocol, the Nice Agreement and the Singapore Treaty – related to trademark laws, with the aim to help protect Canadian brands globally.