Canadian Patents - A Better Way?

No kidding, the system is seriously flawed, and the government claims to be pro innovation. I have been told that is is less expensive to file in the US and to select the international patent if you want that much protection.

Funny thing this thread should show up today, I saw a product on the weekend in a high-end audio/visual shop that they claimed was a new innovation, the funny or not so funny part was i designed an almost identical device about 20 years ago. I didn't patent it because I could not afford to. I have several innovations ready to go now, again I cannot afford the patent system. Truly a bummer since my design for body armor is so far ahead of the current, and quite a bit lighter. Oh well.

If you have proof that your artwork pre-exists before the patent, you have a claim. At least in the US, not in Europe or Japan, don't know about Canada.

With all those LED tail lights out there maybe I should dig through my college papers from the late 70s when I designed then for a term project.

Oh college term papers, thats different, if they were term papers thats the colleges property now.

Actually they would not accept the project as a term project, claimed it would never be commercialized. I found something else that kept them happy.

in some cases you can put your design in an envelope and mail it to yourself when you receive it don't open it file it away so it has the postal code still on it sealed and this is a way to had the idea on a certain date in time. even better if you have it notarised and have them send it to you, this is limited but it dose give you some claim to the idea. not really sure about Canada though.

I was going to suggest the same: it's what authors do to copyright their work. Mail the designs to yourself by Registered Mail is the standard procedure. Registered Mail is ironclad because of the extra paper trail it provides.

Keep the unopened envelope(s) in your safe deposit box.

Thats the same way as is frequently used to copyright music, etc.

As far as I know it is compulsory for citizens of all the Patent Cooperation Treaty signatory countries to first file in their own country, so, if that is correct, you would have to make your initial application in Canada before you could file in the US.

Obviously there could be a way round that if you were to take up US residency or citizen status somehow, and use an address there, but you would be the best judge of how to swing that.

It may be that the initial filing cost in Canada is not that high and that the higher fees only chime in later in which case you could use your Canadian filing to trigger your PCT application and then go for your US filing and cancel your Canadian filing but do make sure to cancel the Canadian one so that it doesn't get published in advance of your US filing and publication.

I'm not an expert on PCT law so don't take my word for it, consult an expert before deciding your best way to proceed.

A good way is come to China for your patent. then feedback to Ca.

whats the patent?

I don't think that China is a model to follow as far as intellectual property is concerned. How would applying to China be of any help? He would more likely have his idea stolen by the patent clerk's cousin.

As far as I am concerned, a patent is only useful when dealing with honest people unless you can afford the $500 000 needed to intent legal prosecution.

So, deal with people that you know reputable and good luck.

By the way, you can apply yourself and save a lot of money if you can deal with the aggravation of conforming with a system that is made to promote their little gang. This applies for all countries I have dealt with.

The patent systems are maintained by the lawyers for the lawers.

marcot

The patent systems are maintained by the lawyers for the lawers.

You took that word for word from something I wrote in an earlier thread. Just joking, but I could not have not said it better.

For an inventor to be treated like we are (most of the time) it is like rape. Some never get over it. It took me years to build up trust again and if I see the eyes of a Patent Attorney light up I run like hell. We need help and not a draining/suction implement applied.

The Patent office should be treated like bankrupt car manufacturers. GM and others are financially bankrupt and the patent office morally. It hurts the individual, worker, family just the same being treated like beasts going to slaughter house. The public has more mercy with mass life stock animals than with us.

Don't forgive them because they know exactly what they are doing. If they tell you to cross your legs because they only have one nail left, hang in there. Help will not arrive but you will have a great view.

Gosh, how I despise that lot, Ky.

Hello Everyone,

I am Canadian (dual citizen). I dont know how much canadian patent costs and the cost should not concern us. Actually, we should be concerned with patent office ability to process patent as promised instead blocking you for some minor glitches. My father tried to patent a concept of a device that is supposed to help and save people burried under the snow after the avalanche storm. He filled the application form, and instead he was rejected for use of english. After about 12 months, my father found exactly the same patent as his, word by word, already in Germany and Europe. He dumped the whole thing. What we both learned is that we should never ever patent in Canada. Look for countries that needs patents and is open minded.

Good luck.

Canadian patent office is government, and the rates they pay the staff means they can't attract good people. Another case of paper over experience, but the again anyone with any engineering experience would never go near the place. I have some friends who work there, fresh graduates but all of them from the bottom 1/4 of the class. Sad situation, and about the only way to get a patent through the checks is to have a lawyer write the brief, and they know it.

Typical people that work in Government bureaucracy like that, The people just put their time in for one reason, to get their pension.

Bear,

In the USA, also, many of the APIX concepts will need some legislative action to make them proper. However, under Obama's Administration, perhaps the Lobbies against such action can be overcome and we can use common sense in the use, recycling and desposal of our human wastes and trash.

Im currently getting a US patent, I looked around alot, there is a web site called legal zoom that can help you do it yourself cheaply. On the other hand, I chose to us an inexpensive lawyer I found, that (listen for the trumpets) appears to be honest and good at his job. As for filing it in your home country first talk to him about maybe using a nevada corporation, but use legal zoom or one of the other legal help sites to do the corp., cause its fairly simple for the lay person to do.

Oh duh, the lawyers name and phone # is Julio Loza 909-758-8524, he's in so. Calif.

The entire Patent system is flawed. Perhaps we can come up with a better way. In fact, the copyright system is flowed, too. So, hey not investigate the entire system and come up with better ways to protect the "inventor" or the "original Idea" person but yet provide a cost effective way to get needed innovations or commodities to to the needy?

Welcome to Guru hood. It means as much as having a patent, Ky.

Is it practical for someone in the USA to formally put his idea with all the details and claims directly into the public domain so no one else can use the patent system to prevent him from making and selling his idea through claims of infringing on their similar patented idea unless they can prove prior disclosure?

How about the clever manufacturing guy running at a modest business scale who can bury his technical advantages in trade secret processes rather than show overt copyable design features. I have an old friend who chose the trade secret approach rather than a patent or any other kind of disclosure and continues to make a comfortable retirement income from his enterprise.

Ed Weldon