7. How to speed up the process for faster grant of patent

How to speed up the process for faster grant of patent

Fast Track grant of patent in Canada by Accelerated examination: the patent would be granted within several months time under Patent Prosecution Highway (PPH) and it requires PPH participation fees and standard application fees.

Table of Contents

It takes about 2 years to 3years to get granted a patent in Canada for your invention. when a patent aaplication is filed generally it is reviewed by examiner in about 22 to 24 months (within 2 years) and on an average the time required to get the patent in Canada is about 30 to 32 months.

Steps include :

  • filing patent application ( 0 month )
  • Publication of application (18 months)
  • Examination (within 22 months as per average)
  • Examination report
  • Office action (16 to 18 months after filing)
  • Grant of patent (within 32 months as per average)

you can read the section on procedure, timeline, and costs for getting a patent in Canada

How to fast track patent in Canada ? speed up the process to grant

To speed up the process of getting patent grant in Canada, there are few approches can be taken : Some approches are paid and direct options like opting for

  • Advanced examination for green technologies
  • Advanced examination under a special order
  • Accelerated examination under the Patent Prosecution Highway (PPH)
  • Accelerated examination of patent applications related to COVID-19 relief for small entities

on the other hand, some of the indirect ways that can help you get faster grant of patent are :

  1. Being ready with appropriate information about the invention really reduces time from the ideation stage of the invention to filing of the patent, our guideline on how to go from Idea to invention disclosure and to granted patent.
  2. Providing clear and consize invention disclosure specifically mentioning novel and non-obvious part of invention (if possible) will save a lot of time and reduce frequency of communication with Patent practitioner.
  3. drafting the first claim in the meeting with a patent agent or attorney which helps in creating rest of the patent application in quicker time. Saving a lot of emails and meetings for the same outcome.
  4. Review the patent draft (patent application) in quicker time before filing in to CIPO
  5. You may also contact patent examiner for status of the patent application (status request)
  6. You may choose to go for First Action Interview Program and talk to the examiner before the examiner issues a first communication; having direct communication with the examiner to help speed up the process and you may get early allowance of an application.
  7. and last but not least, a well drafted patent application with well written claims have better chance to proceed to grant of patent in much lesser time.

Expedite patent examination

There are 4 options to expedite patent examination in Canada :

Advanced examination for green technologies

Your invention should be relates to a ‘green’ technology. You need to request in writing showing how your invention is a green technology and can be considered as environment friendly. There is provisionsion for faster patent application processing for technologies that help resolve or mitigate environmental impacts or conserve the natural environment and resources.

Advanced examination under a special order

if you can demonstrate that you need faster grant of patent because there is potential infringer doing infringement activities and you really need to get search, publication, examination done as soon as possible to stop the infringement, then such reason may be accepted for faster (accelerated) processing of patent application. There is faster patent application processing if the regular patent approval process time is likely to prejudice the applicant’s or a third party’s rights.

Accelerated examination under the Patent Prosecution Highway (PPH)

You can go for fast track the examination process if you already have a corresponding patent application or grant with one of Canada’s PPH partners.

Accelerated examination of patent applications related to COVID-19 relief for small entities

There is a provision for accelerated examination for inventions related to medical products and processes supporting the response to COVID-19 for businesses employing 50 or fewer employees and universities.

Things you can do with “Patent Pending” or patent filed status

Now, When a typical inventor / applicant gets to know that it takes more than 2 years to get granted a patent for his invention, the immediate questions in mind would be;

  • Do I have to wait for 2-3 years to do anything about my invention? Till the patent is granted?
  • How it will make sense in my current business to wait for such long time period ?

The most important fact to consider here is, you get the status of “patent pending” or “patent filed” in Canada as soon as you file the patent application at CIPO. This ensures the priority date is secured and now you (inventor) do not need to wait till grant of a patent for most of the activities you wish to do with your invention like:

  • Talking to investors and financers to get funding
  • Researching the financial worth of the invention
  • Finding the right partners for building a business around an invention
  • Advertising and commercializing
  • Practicing the invention for trial purposes with some clients
  • Searching for the right partner to license the patent after grant
  • Or in some cases entirely selling the invention as patent-pending 

However, The only thing you cannot do till you have been granted a patent on your name for the invention is to “stop others from practicing the invention for commercial purpose”!!! In other words, you cannot stop others from using, selling, offering for sale, or importing your invention until and unless you have granted a patent on your name for the invention. For only stopping others you need to wait till the grant of a patent!!! (2-3 years)

almost all activities (even selling of the patent in the process) can be done after you have filled the patent application that is your invention is having “patent pending” status. Hence even if it takes more than 2 years to get granted a patent for your invention, It doesn’t stop you from doing almost all activities generally related to a patent as soon as you file the patent !!!

Prasad Karhad
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