Protect Your Invention Nationwide
A Canadian patent gives you the exclusive right to make, use, and sell your invention across Canada for up to 20 years. Our team at Brealant guides inventors and businesses through every stage of filing with the Canadian Intellectual Property Office (CIPO), from your first disclosure to a granted patent.
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Essential Guide to Patents in Canada
Legal Definition: Under the Patent Act, a Canadian patent is a government-granted right that lets an inventor exclude others from making, using, or selling a new, useful, and non-obvious invention across Canada.
Protecting Your Invention: Canada operates a strict first-to-file system, so whoever files first generally secures the rights.
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A Hassle-Free Patent Journey with Brealant
- Contact: Reach out to Brealant to discuss your invention.
- Search: Request a patentability search against existing patents and prior art.
- File: Brealant prepares and files your patent application with CIPO, or enters the national phase from a PCT application.
- Wait: Request examination within the statutory window and await CIPO's review.
Clear, Simple Steps to Secure Your Patent
In Canada, a patent is a government-granted monopoly right protecting a new, useful, and non-obvious invention, whether a product, process, or improvement on either.
What a Canadian Patent Protects
New machines, devices, compositions of matter, and manufactured articles.
New methods or processes for making or using a product, including industrial and manufacturing processes.
By working with a registered patent agent, you can make sure your claims capture the full commercial value of your invention before you file.
Limitations — What Cannot Be Patented in Canada
Scientific Principles & Abstract Theorems
Laws of nature, mathematical formulas, and abstract ideas, without a practical, patentable application.
Methods of Medical Treatment
Methods of medically treating a human or animal body are generally not patentable.
Business Methods (Without a Technical Element)
Purely administrative or business schemes generally can't be patented unless they involve a genuine technical solution.
Higher Life Forms
Naturally occurring higher life forms are excluded.
CIPO examines every application against these exclusions, which is why Brealant reviews patentable subject matter with you before drafting begins.
Frequently Asked Questions
How long does a patent last in Canada?
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A Canadian patent lasts 20 years from the filing date, provided the required annual maintenance fees are paid on time.
Is Canada a first-to-file or first-to-invent country?
Canada has been a first-to-file jurisdiction since October 1989, meaning rights generally go to whoever files first.
Does examination start automatically after I file?
No. You must separately request examination and pay the examination fee within the statutory window after filing.
Does Canada have a provisional patent application like the United States?
No, Canada doesn't have a separate provisional application system, but its regular application can be filed with claims added or refined later.
What can't be patented in Canada?
Abstract ideas, scientific principles, methods of medical treatment, and naturally occurring higher life forms are generally excluded from patent protection in Canada.
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Blogs and Resources
For expert guidance on IP, patents, and trademark registration, explore Brealant's blog.
Stay informed with our latest posts and access valuable resources tailored to your business needs.
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