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Patents What is a Patent?To draw an analogy, a Patent is a legal contract for protection between the government and the patent holder. The government’s Courts will enforce the patent holder’s rights for a set period (20 years from filing date in Canada and the U.S.A.), as long as the patent holder respects certain conditions. These conditions are mostly related to the obligation to pay for services such as filing fees, issue fees, and maintenance fees. In other words, if you want protection from your competitors, The Government will arrange it as long as you pay for it. A patent is issued for any new and unobvious invention. Such an invention can be a process, a machine, a product or a composition that is useful. Something that is new yet theoretical or useless cannot be patented. An improvement on an older invention can be patented. Something that does the same thing as a product already on the market in an inconsequential way cannot be patented. Software can be patented in only one country: the U.S.A. This includes ‘business method’ patents (systems for business layout). Higher life form patents are also unavailable in Canada, yet are obtainable in the U.S.A. Some objects can be protected by both patents and industrial designs/design patents. For more information on what a patent is, contact us to speak with our patent agent. It's a good idea to read our tips for patenting before calling us. |
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