How to apply for a patent?

[Adi_None]

I know that I have to visit a lawyer and all that, but can anybody knowledgeable with patents provide some high level steps on how to apply for a patent, how much it costs, etc?

Thanks in advance.

[Adi_None]

I found the answer to my own question ... Google is my friend.

Anyway, for the benefit of others, here's the website that lists all the steps on how to apply for a patent:
http://strategis.ic.gc.ca/sc_mrksv/c...t/op_pt-e.html

[brendonp]

Not to discourage you, but be aware that a patent doesn't actually protect you from infringement on your designs/ideas/whatever! It does provide you with better legal footing, but if you think that you may need to use your patent documentation be prepared for a fight... large companies can sometimes just out-wait you (with their deep pockets).

That being said, if you're up for the challenge, it can actually be fun in a rather perverse way!

Good luck with your endeavours,

Brendon

[Adi_None]

After talking to a lawyer I realized that it's not that simple and cheap as I thought it was ... or at least as it is documented on the above web site. A patent for a software application (this is what I wanted to patent) costs in between $13,000 - $20,000 and can take up to 4 years to get it.

[brendonp]

Adi - sounds like you were quoted a fairly reasonable price as well... I've had quotes over $30k for software. Generally 3 years is considered about the length of time it takes... Unfortunately the difficulty can be proving that the patent is legit, even if you were the first to file. Remember, if another business (or individual) can prove that they were doing something similar before your patent, the patent isn't very useful to you; likewise, if you make the scope of your patent very strict (ie, it covers a specific business veritcal), you'll most likely not be able to apply it to companies that do use the exact same process for a different market...

Have you looked at copyrights and trademarks? I like 'em because they are often enough to scare off the smaller players that want to copy what you are doing!

Brendon

[ptxpress]

In addition to the costs, patenting the idea is only worthwhile if you are willing to defend it.

There will be people who infringe on your patent...If you can't defend it, then what's the point?

You gotta have deep pockets...the initial cost is just scratching the surface.

[CanAm]

We patented through an agent in the UK. It was much cheaper and they did the patent for Europe and NA. As said before a patent only gives you standing in court.

[Sybersport]

In addition to the costs, patenting the idea is only worthwhile if you are willing to defend it.

There will be people who infringe on your patent...If you can't defend it, then what's the point?

You gotta have deep pockets...the initial cost is just scratching the surface.

I was gonna comment - a good saying about patents goes something like...

"A patent is only as good as your ability to defend it."

[ipfree]

I guess I am little late in replying but I will chime in for the benefit of others.

A patent is only enforceable against others in the jurisdiction it is granted in. In its most basic sense, your patent granted in Canada is useless to stop others from using your described invention in the U.S. or any other country. To get effective worldwide protection will easily cost you $100K+.

Also, the cost of a patent application doesn't stop when it is issued. There are yearly maintenance fees (aka annuities) that must be paid to the patent office.

Once your patent is issued it does not automatically stop others from using your patented technology. You have to enforce your rights against them. Due to the specialized and technical nature of patents, litigation is extremely expensive as are the hourly rates of patent lawyers.

I don't know the exact nature of your "invention" but software applications in and of themselves are generally not patentable. There must be something more (ie. a computer program product) and this varies from country to country. Keep this in mind as this - the subject matter of your invention - will make the patenting process very expensive and long as it will likely require a lot of back and forth with the patent office examiner.

If your patent application flies through the patent office and is issued to patent in a short time period and without much objection from the patent office then I would say that your patent is very narrow and may be useless.

Trademarks will protect things like names and logos and not an invention. Copyright will protect the "code" component of your software and may not be suitable for your needs.

You should ask yourself what you intend on doing with your patent. Do you have any plans for commercialization of your technology (ie. licensing)? A licensing partner may be able to fund the patenting process. Many people think that a patent will bring them instant success. It does not. If it is not utilized in a strategic or commerical manner, it is just an expensive serial number, so to speak.