Q – Which country or countries should I look to patent in?
A – Each country has its own patent system. Ultimately, one needs to file an application in each country in which they want protection and then negotiate with that country’s patent office to have it issued.
The broadest net you can cast at this time for filing is to file a PCT application. PCT stands for patent cooperation treaty. A PCT filing delays the deadline to file your patent application in national countries or Europe, for approximately 156 countries.
However, it only defers the cost of spending to file your application in the countries – if you want to apply, for example, in the US, CA, Korea, Japan and Europe, you will still need to file in those countries.
A PCT application costs around CA$5000, most of which are government fees.
Q – What are the costs associates for each country outside of Canada?
A – Please note that, in the fall of 2019, each country will cost several thousand in filing fees to file the application. Pricing should include fees for applications, lawyer review and possibly translation costs. Prices vary depending on the responses of the international offices (and what type of response is needed).
Q – What happens if my application is rejected within any of these countries? What are next steps?
A – if an office refuses a patent, attempts can still be made to convince them to take it. The outcome of this is contingent on many factors, including proving how an idea is new or how changes are obvious.
Q – What is the difference between a provisional and non-provisional patent application?
A – The main difference is that one serves as a placeholder and the other starts the formal application process (and is therefore more expensive).
Q – What is the patent application process?
A – Here is a chart outlining the workflow process of a patent application: